Terms of Use

This document 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.

Welcome to our website i.e. www.houseofcreativity.in (“Website”). This Agreement is made between House of Creativity LLP (“Owner”) alongwith its team, employees, associates, affiliates, licensors, agents, service providers, third party partners or sponsors (hereinafter collectively referred to as “Team”) and You as a site visitor and /or member (“You/Your”). This Agreement set forth the legally binding terms of Your use of the Website at its services as located at URL [www.houseofcreativity.in]. By using and/or visiting this Website (“www.houseofcreativity.in”), (collectively, including all content available through the houseofcreativity.in domain name, the “Website” or “House Of Creativity”) You signify Your assent to both these terms and conditions (“Terms of Use”) and the terms and conditions of the Website’s Privacy Policy, which are published, and which are incorporated herein for reference. If You continue to browse and use this Website You are agreeing to comply with and be bound by the following Terms of Use, which together with our Privacy policy govern House Of Creativity LLP’s relationship with You in relation to this Website. If You do not agree to these Terms of Use, You are not entitled to use the Website and any use thereafter shall be unauthorized.

In addition, when using particular services provided by us such as interacting with other members, using services available via links on the Website, You shall be subject to any additional guidelines or rules applicable to such services therein. Kindly print these terms of use or save a copy of these terms of service for Your records. If Your do not agree to any of these terms, then please do not use the Website.

PURPOSE

The mission of House Of Creativity is to provide a platform for viewing, selling and purchasing of artworks such as paintings, photographs and digital artwork. To achieve our mission, we make services and such artworks available through our Website, social media platforms of House of Creativity, mobile applications, and developer platforms, to help connect artists and art admirers, giving the artists an opportunity to commercially exploit their artworks.

THE PROVISIONS GOVERNING YOUR USE OF THE WEBSITE

The Website is the official site of House of Creativity LLP. The Website is hosted in India and is subject to the laws governing the Republic of India. You are only authorized to use the Website (regardless of whether Your access or use is intended) if You agree to abide by all applicable laws and to these Terms of Use and the Privacy Policy referred to in hereinabove. The content of the pages of this Website is for Your general information and use only.

Please note that these Terms of Use apply to all users of the Website (“Users”), including Users who are also contributors or owners of video content, information, artworks and other materials or services on the Website.

User Content:

You are solely responsible for the content including without limitation, the text, software, scripts, graphics, pictures, sounds, music, videos, interactive features and the like (“Content”) or artworks including paintings, photographs and digital paintings (“Products”) that You post on the Website, and any material or information that You transmit to other Users and for Your selling to other Users by way of messages or any other interaction. Website does not endorse and has no control over the Content and/or the Products. Content and/or the Products are not necessarily reviewed by Website prior to posting and does not necessarily reflect the opinions or policies of Website and/or its Owner/ Team. Website and/or its Owner/ Team makes no warranties, express or implied, as to the Content or Products or to the accuracy and reliability of the Content or any material or information that You transmit to other Users.

As between You and the Website and its Owner, You own the Content and/or the Products You provide to Website and its Owner under this Agreement, and may request its deletion at any time, unless You have shared information or Content with others and they have not deleted it, or it was copied or stored by other users. Pursuant to this, Website and its Owner may grant other members and/or visitors access to Your Content and Products in accordance with this Agreement according to Your settings and degree of connection with them. With respect to Your Content, You may choose to make it available to members and visitors under the settings of Your choice.

Any Content and/or Products You submit to us is at Your own risk of loss. By providing Content to us, You represent and warrant that You are entitled to submit the Content and/or Products and that it is not confidential and not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights). It is Your responsibility to keep Your House Of Creativity profile information accurate and updated.

Third Party website(s)/ content:

The Website may contain links to third party websites, links, hyperlinks, and microsites that are not owned or controlled or managed by the Website and/ or Owner and its Team. Functionality on the Website may also permit interactions between the Website and a third-party website or feature, including applications that connect the Website or Your Website / House Of Creativity profile with a third party Website. By using the services, You may be exposed to other member’s or third party content or website(s) that might be inaccurate incomplete, delayed, misleading, illegal, offensive or otherwise harmful. The Website does not control any of these third-party web services or any of their content. In addition, Website will not and cannot review, censor or edit or filter the content of any third-party website. By using the Website, You expressly relieve the Website and its Owner/ Team from any and all liability arising from Your use of this Website and any third-party website as aforesaid or for any damages of any kind incurred as result of Your reliance thereon. Accordingly, we encourage You to be aware when You move out of the Website and to read the terms and conditions and privacy policy of other website(s) that You visit.

You expressly acknowledge and agree that Website is in no way responsible or liable for any such third-party services. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICES OF WEBSITE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at Your sole and absolute discretion and risk, to use applications that connect the Website or Your profile on the Website with a third-party. You agree and acknowledge that we are not responsible for other members’ or third party content or information or for any damage of any kind incurred as result of Your reliance thereon.

The Products once purchased by the Users are and shall be non-returnable and the price shall be non-refundable.

The Website may also promote / advertise other products which are not competing to the Products of the Company (“Non-Competing Products”)

Prohibited Content / Actions:

KINDLY NOTE THAT Website PROHIBITS PORNOGRAPHY ON ITS SITE. Website also prohibits nudity, violence, or offensive subject matter under the applicable laws of the jurisdiction or any link to an adult website. Please choose carefully the information You post on the Website and that You provide to other User. Your profile and Content and/or Products must not include any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter under the applicable laws of the jurisdiction. STRINGENT PENAL AND CRIMINAL ACTIONS WILL BE INITIATED AGAINST THOSE FOUND INDULGING IN ABOVE REFERRED ACTIVITIES. Any User or member who publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt people who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it shall be strictly treated under the provision 67 of the Information Technology Act 2000 [ http://www.naavi.org/importantlaws/itbill2000/ch11.html ]and as per the provisions of Indian Penal Code and other appropriate statutes applicable in that scenario. Despite this prohibition, information provided by other members (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Website assumes no responsibility or liability for this material. If You become aware of misuse of the services provided by Website by any person, please contact us at Houseofcreativity@hotmail.com

Website also does NOT promote: (i) racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) information that is false or misleading or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (iii) an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files or an unauthorized copy of an artwork; and (iv) the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; “phishing”.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the Website servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Website grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Website reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User submissions (defined below).

Website reserves the right, in its sole discretion, to reject, refuse to post or remove any aforesaid prohibited Content (including private messages) or Products posted by You, or to restrict, suspend, or terminate Your access to all or any part of the  Website at any time, for any or no reason, with or without prior notice, and without liability. Website expressly reserves the right to remove Your profile if Website determines, in its sole discretion, that You pose a threat to Website and/or its Users.

Website may terminate Your membership at any time, without warning. Even after membership is terminated, these Terms of Use will remain in effect and continue to bind You accordingly. You acknowledge that Website reserves the right to charge for the services on the Website and to change its fees from time to time at its discretion. If Website terminates Your membership because You have breached these Terms of Use, You shall not be entitled to the refund of any unused portion of subscription fees if applicable.

Account/ Password:

In order to access some features of the Website, You will have to create an account. You may never use another user's account without permission. When creating Your account, You must provide accurate and complete information regarding Your personal data. You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure and not share the same with any third party. You are solely responsible for maintaining the confidentiality of Your password, and agree not to transfer Your use of or access to the Website or services to any third party. You are fully responsible for all the activities that occur under Your password or Your user name, including, without limitation, sales and purchases. You agree to (a) immediately notify us of any unauthorized use of Your password or user name or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. We are not liable for any loss or damage arising from Your failure to comply with all of the foregoing obligations.  You agree to notify the Website immediately of any breach of security or unauthorized use of Your account by any party that is not You. Although  the Website will not be liable for Your losses caused by any unauthorized use of Your account, You may be liable for the losses of Website and/or Owner/ Team or others due to such unauthorized use and agree to indemnify the Website and/or Owner/ Team against such losses. In consideration of Your use of the Website and services provided by the Website, You agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. You agree that if any information You provide is false, inaccurate, not current, or incomplete, we may terminate Your use of the Website and/or the services.

Website hereby grants You permission to use the Website as set forth in these terms of use, provided that You: (i) keep Your password secure and confidential (ii) not permit others to use Your account (iii) not use other’s accounts; (iv) not sell, trade, or transfer Your Website account to another party; (v) will not copy or distribute any part of the Website in any other medium without the Website’s prior written authorization; (vi) You will not alter or modify any part of the Website other than those which may be reasonably necessary for the use of the Website for its intended purpose; and (vii) You will otherwise comply with the terms and conditions of these Terms of Use. Further, You are responsible for anything that happens through Your account until You close down Your account or prove that Your account security was compromised due to no fault of Your own.

The Website including the services provided on the Website are for personal use of members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Website. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from User profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Website’s services.

Revisions: We reserve the right at any time to: change the terms of this Agreement; change the services, including eliminating or modifying any content on or feature of the Website; or change/charge any fees or charges for use of the services on the Website. Any changes we make will be effective immediately on Notice, which we may give either by posting the new Agreement on the Website or via electronic mail. Your use of the services after such Notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure Your familiarity with the most current version. You will always be able to tell when the version was last updated by checking the "Last Revised" date in the header of this Agreement.

Eligibility Criteria: To be eligible to use the services of the Website, You must meet the following criteria and represent and warrant that You: (1) are the “Minimum Age” (defined below) or older; (2) are not currently restricted from the services of Website, or not otherwise prohibited from having a Website/House Of Creativity account, (3) are not a competitor of Website/ House Of Creativity or are not using the Services for reasons that are in competition with Website/ House Of Creativity; (4) will only maintain one Website/ House Of Creativity account at any given time; (5) will use Your real name and other valid details needed to subscribe to Website/ House Of Creativity and only provide accurate information to Website/ House Of Creativity; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which You are a party; (7) will not violate any rights of Website/ House Of Creativity or third party, including intellectual property rights such as copyright or trademark rights; and (8) agree to provide at Your cost all equipment, software, mobile access, and internet access necessary to use the Services. The services are not designed nor intended for use by children or anyone else under the age of 16 (“Minimum Age”).

PAYMENT/FEES

Subscription: Website may charge fees for membership or for exclusive access to the premium services (like client interaction with the artists, behind the scenes content, etc) that is offered on this Website, either on a one-time or subscription basis. You agree to pay the applicable fees for the foregoing (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes and to reimburse us for all collection costs and interest for any overdue amounts.

De-subscription: Failure to pay the subscription/ various package of subscription fee may result in the termination of Your subscription.

Payment Mode: Depending on where You transact with us, the type of payment method used and where Your payment method was issued, Your transaction with Us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Website does not support all payment methods, currencies or locations for payment. If the payment method You use with Us, such as a credit card, reaches its expiration date and You do not edit Your payment method information or cancel Your account or such services, You authorize us to continue billing that transaction payment method and You remain responsible for any uncollected amounts. Your obligation to pay fees continues through the end of the subscription period during which You cancel Your subscription. All applicable taxes are calculated based on the billing information You provide us at the time of purchase. The billing address should be identical/match shipping address to prevent fraudulent purchases.

Notwithstanding anything contained hereinabove, You hereby agree and acknowledge that depending on the mode of payment chosen by You towards the payment of subscription fee/ utilization of services of the Website, the Website may link to the payment gateways of the bank of which the debit / credit card is held by You and You shall be subject to the privacy policies / disclaimer/ terms of use of such bank website as well. You hereby agree and acknowledge that You shall abide by the privacy policies / disclaimer/ terms of use of such bank website as well.

You also acknowledge that Website’s services are subject to this Agreement and any additional terms related to the provision of the services. Additionally, if You require a printed invoice for Your transaction with us, You may access it through Your account settings with Website under “Purchase History” or, for related invoices, request one by contacting our Customer Support.

Third Party Liabilities: Website/ Owner and his Team will not be a party to, or in any way be responsible for monitoring any transaction between You and/or other users and/or third-party providers of products or services as with the purchase of a product or a service through any medium or in any environment, You should use Your best judgment and exercise caution where appropriate. Website/ Owner and its Team are not responsible for the content of these third party websites or for the security of Your personal information when You use the third party websites for payment. These third party websites may have their own privacy policies governing the storage and retention of Your personal information and security gateway password that You may be subject to. They may collect information such as Your IP address, browser specification, or operating system. It is recommended to review the third party site’s privacy policy as it relates to safeguarding Your personal information.

Refund: You may cancel or suspend Your services here or Website may terminate Your membership/ account as per the Terms hereunder. In such cases, we do not guarantee refunds including refund for lack of usage or dissatisfaction.

Unauthorized charges on Your card: If You see charges on Your credit/debit card for products/services made on Website, but You have never created an account or signed up, please check with Your family members or business colleagues who have been authorized to make purchases on Your behalf, to confirm that they haven’t made the transaction. If You’re still unable to recognize the charge, please report the unauthorized transaction within 30 days of this transaction to enable Website to begin an investigation at its sole discretion. Notwithstanding the foregoing, the Website / Owner does not give or make any guarantee on refund of monies due to unauthorized charges on Your card.

INTELLECTUAL PROPERTY RIGHTS

The content on the Websites with respect to the Website / Owner and its Team, and the trademarks, service marks and logos contained therein ("Marks"), (including all User Submissions (as defined below) and User generated Content) are owned by or licensed by the User to the Website, and are subject to copyright and other intellectual property rights under Indian laws and conventions. Content on the Website is provided to You “AS IS” and “AS AVAILABLE” for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners and Website. Website reserves all rights, which are not expressly granted in and to the Website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content or Products other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

The Website may now or in the future permit the submission of videos or other communications submitted by You and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Website does not guarantee any confidentiality with respect to any submissions.

Website permits You to link to materials on the Website for personal, non-commercial purposes only. In addition, Website provides an "Embeddable Player" feature, which You may incorporate into Your own personal, non-commercial websites for use in accessing the materials on the Website, provided that You include a prominent link back to the Website on the pages containing the Embeddable Player. Website reserves the right to discontinue any aspect of the Website at any time.

You shall be solely responsible for Your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, You affirm, represent, and/or warrant that:

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  1. You own or have the necessary licenses, rights, consents, and permissions to use and authorize Website to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these terms of use; and
  2. You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these terms of use.

For clarity, You retain all of Your ownership rights in Your User Submissions. However, by submitting the User Submissions to Website You hereby grant Website a worldwide, non-exclusive, royalty-free, sublicense-able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and Website’s (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access Your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these terms of use.

In connection with User Submissions, You further agree that You will NOT:

  1. submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have written permission from their rightful owner to post the material and to grant Website all of the license rights granted herein;
  2. publish falsehoods or misrepresentations that could damage Website or any third party;
  3. submit material that is unlawful, obscene, defamatory, libelous, scandalous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
  4. post advertisements or solicitations of business;
  5. impersonate another user;

Website does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Website expressly disclaims any and all liability in connection with User Submissions. Website does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Website will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Website reserves the right to remove Content and User Submissions without prior notice. Website will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer (except in the case of pornographic content) is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice.

Website also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene, scandalous or defamatory material, of excessive length.

SUPPORT

If You have any questions, complaints or claims with respect to the Website then such correspondence should be directed to the address as given below: support@houseofcreativity.in

DISCLAIMER OF WARRANTIES

You agree that use of the services is at Your own risk. The services including the Website, the Content, User Material, any third party links, or any other website links and other new media initiatives endorsed by the Website and contents therein and any other materials contained on or provided through the Website are provided “AS IS” and “AS AVAILABLE” basis, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, Website does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement; or that the services will be uninterrupted, free of viruses and other harmful components, accurate, error free or reliable.

LIMITATION OF LIABILITY

IN NO CASE SHALL WEBSITE, ITS OWNERS AND TEAM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIAL, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, EVEN IF ADVISED OF THEIR POSSIBILITY. WHERE THE LAWS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, WEBSITE/OWNER'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNITY

You agree to defend, indemnify and hold harmless Website, its Owners and Team, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the services; (ii) Your violation of any term of these Terms of Use ; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; and (iv) Your breach of any applicable laws. This indemnification obligation will survive the expiry or termination of Terms of Use and Your use of the service.

ENTIRE AGREEMENT

These Terms and Conditions and Privacy Policy constitute the entire agreement between You and Website/ Owner and his Team governing Your use of the Services, superseding any prior agreements between You and Website/ Owner and his Team, regarding such use.

SEVERABILITY

If any provision of these Terms and Conditions is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.

GOVERNING LAW

The relationship between You and Website/ Owner and his Team shall be governed by the laws of India without regard to its conflict of law provisions and for resolution of any dispute arising out of Your use of the services of Website. Notwithstanding the foregoing, You agree that Website/ Owner and his Team has the right to bring any proceedings before any court/forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such courts or forum.

MISCELLANEOUS

Capitalized terms used herein but not defined shall have the same meaning as ascribed to it under “Disclaimer” or “Privacy Policy”.