The following are the
terms and conditions (the "Terms") under which you (a "User") may
use the websites of Maitreya Incredible Art Private Limited (the
"Company") at www.maitreyart.com and/or any other addresses (any or
all of which are herein referred to as the "Website") and the
online content available on them ("Maitreya Incredible Art
Content"). Please read this page carefully. By accessing and using
the Website, you accept and agree to be bound, without
modification, limitation or qualification, by the Terms. The
Company may, at its sole discretion, modify or revise the Terms at
any time by updating the text of this page. You are bound by any
such modification or revision
and should therefore visit this page periodically to review the
Terms. If you use the Website in the course of your business, you
are also agreeing to be bound by the Terms on behalf of that
business and you should also read clause 1.4 relating to the use at
work.
YOUR USE OF THE
WEBSITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND
NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEBSITE. (THE
CONTENT OF SUCH AGREEMENT, INCLUSIVE OF THE TERMS AND ALL SUCH
ADDITIONAL CONDITIONS AND NOTICES, ARE TOGETHER REFERRED TO HEREIN
AS THE "AGREEMENT"). IF YOU DO NOT ACCEPT ANY OF THE PROVISIONS OF
THE AGREEMENT, DO NOT USE THE WEBSITE.
If you have any
query please contact <info@Maitreyart.com>.
The Terms were last updated
on November 2013 and replace all previous terms and conditions
for the Website.
The Company may
change or withdraw any part of the Website or of the Maitreya
Incredible Art Content at any time (with or without notice to you).
If you do not agree to the changes you should cease using the
Website.
1.
ACCESS AND USE
1.1
PERMITTED USE:
All Maitreya
Incredible Art Content belongs to the Company or its licensors. The
Company or its licensors own all intellectual property rights
(including copyright and database rights) in the Maitreya
Incredible Art Content and any selection or arrangement of the
Maitreya Incredible Art Content. You may for your personal,
non-commercial use:
(a)
retrieve and display Maitreya Incredible Art Content on any
compatible device;
(b)
print a single copy of individual articles on paper (but not
photocopy them);
(c)
email headlines appearing on the Website (but not full text
articles);
(d)
store such articles in electronic form on disk or on a mobile
device (but not on any server or other storage device connected to
a network); and
(e)
use spidering technology to search and link to the Website,
provided that you do not infringe the Restrictions on Use
below.
1.2
RESTRICTIONS ON USE:
You may not use
the Website or the Maitreya Incredible Art Content for any unlawful
purpose. Except as expressly set out above, you may not copy,
reproduce, publish, broadcast, transmit, modify, adapt, create
derivative works of, store, archive, publicly display or in any way
commercially exploit any of the Maitreya Incredible Art Content.
Without limitation, you may not do any of the following without
prior written permission from the Company (and neither may you
allow a third party to do any of the same):
(a)
remove the copyright or trademark notice from any copies of the
Maitreya Incredible Art
Content made under the
Terms; or
(b)
create a database in electronic or structured manual form by
systematically and/or regularly downloading, caching, printing and
storing all or any of the Maitreya Incredible Art Content (by
spidering or otherwise); or
(c)
frame, harvest or scrape the Maitreya Incredible Art Content
or otherwise access the Maitreya Incredible Art Content for similar
purposes.
1.3
LINKING:
If you would
like to link to the Website, you may not do it (and neither may you
allow a third party to do the same) without prior written
permission from the Company and the same shall be subject to your
reading and complying with the following guidelines and all
applicable laws. A site or service that links to the
Website:
(a)
may display an Maitreya Incredible Art logo but must not
otherwise use any of the Company's trademarks without permission
from the Company;
(b)
may not remove, distort or otherwise alter the size or appearance
of the logo;
(c)
must open in a new browser window;
(d)
must link to the homepage of the Website. It is not permitted to
link directly to any image hosted on the Website, such as using an
"in-line" linking method to cause the image hosted by us to be
displayed on another website;
(e)
may link directly to videos hosted on the Website only with proper
credit to the Company, and the videos may not be altered in any
way;
(f)
may not link from any other web site to the Website in any manner
such that the Website, or any page of the Website, is "framed,"
surrounded or obfuscated by any third party content, materials or
branding;
(g)
must not in any way imply that the Company is endorsing it or its
products or services;
(h)
must not misrepresent its relationship with the Company or present
false information about the Company;
(i)
must not be a site or service that infringes any intellectual
property or other right of any person or that otherwise does not
comply with all relevant laws and regulations;
(j)
must not be a site or service that contains content that could be
construed as distasteful or offensive.
The Company
expressly reserves the right to require that any link in breach of
these terms and conditions be removed and to take whatever other
action it deems appropriate.
Please
note that in addition and without prejudice to our rights at law to
restrict the types of use referred to above, these restrictions are
also contractual in nature and bind all Users of the
Website.
1.4
AT WORK USE:
If you
are using the Website in an "at work" capacity (whether for a
company, partnership, public sector body, charity etc.) and your
use extends beyond personal, non-commercial use then you should
contact the Company at <info@maitreyart.com> to discuss your
business requirements, since it is possible that your use of the
Maitreya Incredible Art Content extends beyond what is permitted by
the Terms. In particular, all requests to republish, redistribute
or syndicate the Maitreya Incredible Art Content internally within
your business or externally should be addressed to us, as such use
falls outside the scope of use permitted by the Terms.
2.
PRIVACY AND USER SUBMISSIONS
2.1
The Company is committed to maintaining your privacy. The Company
does, however, gather certain personal information that you
provide, for example through such Users' activities or completion
of online forms on our Website or when you complete surveys, submit
a comment or question to us using a "contact us" or similar feature
on our Website, send us an e-mail, or in any other way submit
personal information to us via our Website. This information will
be used for internal data processing, such as compiling statistical
information about your interests and the use of our
Website.
2.2
As a service to you, we may also use this information to customise
the content we offer. To facilitate this service, the Company may
use "cookies" to keep information about you when you use our
Website.
2.3
If you provide the Company with an email address that will result
in any messages the Company may send you being sent to you via a
network or device operated or owned by a third party (e.g. your
employer or college) then you warrant that you are entitled to
receive those messages. You also agree that the Company may refrain
from sending messages to you without notifying you, even if you
have subscribed to receive them, if we receive a request from a
third party to stop sending messages to you.
2.4
At the bottom of each email you will be provided with the option to
update your interests or unsubscribe from future mailings. At any
time, you may also send an email to info@maitreyart.com and request
that your email address be removed from our lists.
2.5
We will not share your Personal Data with anyone outside the
Company. We may however from time to time need to disclose your
personal data to affiliates, related companies, agents or
contractors of the Company to enable the Company to communicate
with you. Where we do so it will be on the basis that they are
required to keep the information confidential and will not use the
information for any other purpose than to carry out the services
they are performing for the Company.
2.6
While we will not voluntarily disclose your personal data we may
disclose such information if we are required to do so by a Court
Order, if we are requested by government or law enforcement
authorities, if we are required to do so pursuant to other legal
processes, or if it becomes necessary to protect the rights or
property of the Company.
2.7
The Company may provide certain areas of the Website (such as chat
rooms, message boards or other facilities) designated as open to
public access or to our Users at large (each of which is referred
to herein as a "Public Area"). Generally, any communication that
you post to a Public Area is considered to be
non-confidential.
3.
REGISTRATION, PASSWORDS AND SIGNATURES
3.1
In consideration of your use of the Website, you agree
to:
(a)
provide true, accurate, current and complete information about
yourself as prompted by any registration form that you may fill out
on any Website (such information being the "Registration Data");
and
(b)
maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any Registration
Data that is untrue, inaccurate, not current or incomplete, or the
Company has grounds to suspect that such Registration Data is
untrue, inaccurate, not current or incomplete, the Company has the
right to suspend or terminate your account and refuse any and all
current or future use of the Website (or any portion
thereof).
3.2
You may receive a password and/or account designation, or a digital
signature upon completing the registration process on the Company's
Website. You are responsible for maintaining the confidentiality of
any such password, digital signature and account, and are fully
responsible for all activities that occur under your password,
digital signature or account. You agree to:
(a)
immediately notify the Company of any unauthorized use of
your password, digital signature or account or any other breach of
security; and
(b)
ensure that you exit from your account at the end of each session.
The Company cannot and will not be liable for any loss or damage
arising from your failure to comply with this clause.
4.
WARRANTIES AND LIMITATION OF LIABILITY
The
Maitreya Incredible Art Content is only for your general
information and use and is not intended to address your particular
requirements. In particular, the Maitreya Incredible Art Content
does not constitute any form of advice, recommendation,
representation, endorsement or arrangement by the Company and is
not intended to be relied upon by a User in making (or refraining
from making) any specific investment or other decisions.
Appropriate independent advice should be obtained before making any
such decision. Any agreements, transactions or other arrangements
made between you and any third party named on (or linked to from)
the Website are at your sole risk and responsibility. Any
information that you receive via the Website whether or not it is
classified as "real time", may have ceased to be current by the
time it reaches you and share price information may be rounded
up/down and therefore not entirely accurate. The Company is not
responsible for any use of the Maitreya Incredible Art Content by
you outside its scope as stated in the Terms.
4.1
LIMITED WARRANTY
(a)
What we can guarantee: the Company shall develop and operate the
Website with reasonable skill and care and has reasonable security
procedures in place.
(b)
What we cannot guarantee: except as set out in clause 4.1(a) above,
the Company does not give any warranties in respect to the Website.
To the extent allowed by applicable law, the Company hereby
disclaims all other warranties, conditions or duties of every
nature whatsoever (except any duties of good faith), including
without limitation, any implied warranties of satisfactory quality,
merchantability or of fitness for a particular purpose, any express
or statutory warranties, and any warranties or duties regarding
accuracy, timeliness, completeness, performance, availability, lack
of negligence or of workmanlike effort. Neither do we provide any
warranty that the Website is free from infection by viruses or
anything else that has contaminating or destructive
properties.
4.2
OUR LIABILITY EXCLUSION
(a)
To the full extent allowed by applicable law, you agree that the
Company will not be liable to you for any losses which relate to
your business or investment choices or which are not a direct
consequence of your use of the Website (including lost profits or
loss of privacy or loss of or damage to data) or which arise as a
result of you using the Website outside the scope of the
Terms.
(b)
In addition to but separate from the above specific exclusion and
to the full extent allowed by applicable law, you also agree that
the Company and/or its suppliers will not be liable to you for any
other indirect, special, consequential incidental, punitive or
exemplary damages whatsoever, including, without limitation,
damages for loss of use, data or profits, arising out of or in any
way connected with the use or performance of the Website, the delay
or inability to use the Website, the provision of or failure to
provide services, or for any information, software, products,
services and related graphics obtained through the Website, or
otherwise arising out of the use of the Website, whether based on
contract, tort, strict liability or otherwise, even if the Company
or any of its suppliers has been advised of the possibility of
damages.
The above
disclaimers and restrictions on liability apply equally to your use
of the Website and all the Maitreya Incredible Art
Content.
4.3
REMEDIES
If you
are dissatisfied with any portion of the Website or the Maitreya
Incredible Art Content, or with any provision of the
Agreement, your sole and exclusive remedy is to discontinue using
the Website. Under no circumstances shall the Company be liable to
any User or any third party on account of that User's use of the
Website.
4.4
OTHER INFORMATION
Without
limiting the above, the Company is not liable for matters beyond
its reasonable control. The Company does not control telephones,
third party communications networks (including your Internet
Service Provider) or the Internet or the acts of third
parties.
5.
THIRD PARTY SITES AND SERVICES
5.1
The Website may contain links to other Internet websites or online
services provided by independent third parties ("Third Party
Sites"), either directly or through frames. Third Party Sites may
be co-branded with the Company and so include the Company's
trademark. The Company is not responsible for the availability or
content of Third Party Sites and will not be a party to, or in any
way responsible for, any transaction concerning goods or services
available from such Third Party Sites. If you purchase products or
services from a Third Party Site your contract for such products or
services will be with the third party and not with the Company. Our
Privacy Policy does not apply to Third Party Sites.
5.2
The Website may contain advertising and sponsorship. Advertisers
and sponsors are responsible for ensuring that material submitted
for inclusion on the Website complies with international and
national law. The Company will not be responsible for any error or
inaccuracy in advertising or sponsorship material.
6.
LAW AND JURISDICTION
6.1
The Terms shall be
governed by, and construed in accordance with, Indian
law.
6.2
To the extent possible in the
applicable jurisdiction, the parties irrevocably agree that the
courts of Indian shall (subject to the paragraph below) have
exclusive jurisdiction to settle any dispute which may arise out
of, under, or in connection with these terms and conditions, and
for those purposes irrevocably submit all disputes to the
jurisdiction of the Indian courts.
6.3
For the exclusive benefit
of the Company and to the extent possible in the applicable
jurisdiction, the Company shall retain the right to bring
proceedings as to the substance of the matter in the courts of the
country of your residence or, where these terms and conditions are
entered into in the course of your trade or profession, the country
of the place of business in which you agreed to these terms and
conditions or (if different) the country of your principal place of
business.
7.
GENERAL
7.1
You may not assign, sub-license or otherwise transfer any of your
rights under these terms and conditions.
7.2
If any provision of these terms and conditions is found to be
invalid by any court having competent jurisdiction, the invalidity
of that provision will not affect the validity of the remaining
provisions of these terms and conditions, which shall remain in
full force and effect.
7.3
Failure by either party to exercise any right or remedy under these
terms and conditions does not constitute a waiver of that right or
remedy. Headings in these terms and conditions are for convenience
only and will have no legal meaning or effect.
7.4
References in the Terms to "the Company", or "Maitreya Incredible
Art", or "we", "us" or "our" refer to the corporate entity Maitreya
Incredible Art Private Limited, registered in India