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Privacy Policy
1.0 General
www.Kala-Sanskruti.com, hereinafter also referred to as Kala Sanskruti has created this privacy policy in order to demonstrate our firm commitment to respect and protect our user’s privacy. With this privacy policy we wish to disclose the Information Gathering and Dissemination practices related to our Website. If you have any questions regarding the Kala Sanskruti privacy policy or any issues regarding the Website, please contact us via email at reachus@Kala-Sanskruti.com.
By visiting or using the www.Kala-Sanskruti.com website and domain name or any other Kala Sanskruti owned linked pages, features, content, mobile applications, and any other services we may offer from time to time (collectively referred to as the “Websites”), you agree to the practices and policies set out in this Privacy Policy, and you hereby acknowledge and consent to our collection, use, and sharing of your information as described in this Privacy Policy. Capitalized terms that are not defined in this Privacy Policy have the same meaning given to them in our ‘Terms and Conditions’.
2.0 Information Collection and Use
Kala Sanskruti collects information from users as they use the Website, www.kala-sanskruti.com, with the intention of improving the user experience while browsing or otherwise transacting on the Website, by providing a more efficient, relevant and customized experience. Kala Sanskruti is the sole owner of the information collected through our Website. We do not share, sell or rent this information to other parties unless indicated in this privacy policy. Kala Sanskruti may contain links to other Websites, which may or may not be related to Kala Sanskruti, and which may prescribe their own privacy policies and practices over which Kala Sanskruti may or may not have any control. Hence, user discretion in such access/usage/transaction is advised. It is hereby expressly clarified that Kala Sanskruti is not responsible for the privacy practices or the content of Websites that link to or from Kala Sanskruti and we shall not be liable for any losses suffered by either the user or by any third party relating to any exchange of data shared over or during the course of such access/usage/transaction or for any other pecuniary or non-pecuniary loss whether quantifiable or unquantifiable suffered by either the user or any third party in relation to or arising out of such access/usage/transaction.
3.0 Information Collected by Kala Sanskruti
3.1 Registration and Order Forms
In order to share, bid or sell through Kala Sanskruti buyers, sellers, and other users (collectively referred to as the “Users”) need to be registered with us by subscribing to our registration form. This registration form requires users to supply their contact information (name, age, postal address, email address, telephone number, date of birth, etc.). We use this customer contact information to send information to our registered users regarding the services for which they may have subscribed to or signed-up for, as well as for shipping and invoice purposes in relation to giving effect to any transaction that they may have carried out through Kala Sanskruti. For more information on registration, please go to our Terms and Conditions page.
3.2 Third Party Sources
Kala Sanskruti allows users to register or login via social media or any other third party sources, such as, Facebook, Twitter, LinkedIn, Yahoo, or Google, etc. Kala Sanskruti may collect “Personally Identifiable Information”, which includes but is not limited to, name, age, gender, postal address, telephone number, e-mail address, or other background information provided by the user, or by any third party regarding the user relating to the user’s Web-activity or other information that can be used to contact the user or identify the user as an individual rather than an automated software. Information availed through third party sources are subject to permissions and licenses as granted by the third party. Kala Sanskruti may require its users to furnish additional information as may be required to improve user experience or improve our services.
Users registering from external or third party Websites may be required to furnish additional information to register, subscribe to or signup for our services.
3.3 Cookies
We use data collection devices such as “cookies” on certain pages of our website to help analyze our web page flow, measure promotional effectiveness, and promote trust and safety. A cookie is a piece of data stored on the user’s hard drive containing information about the user’s online activities. Kala Sanskruti uses cookies in the Your Account area of our website in order to save user’s passwords so that they don’t have to login each time that they visit the website. Cookies on the site are in no way linked to any personally identifiable information. If in future some of our business partners use cookies via our website, we may or may not have any control over these cookies.
It shall be Kala Sanskruti’s every endeavor to honor, respect and protect registered user’s privacy and adhere to the best business practices in compliance with the existing statutory norms in India in relation to privacy and in particular, should person-related or person-relatable data be collected, for example through pixels or transparent GIF files then Kala Sanskruti assures that in the collection, processing and use of such data, all privacy laws as applicable in India shall be complied with.
3.4 Log Files
We use your IP (Internet Provider) address to help diagnose problems with our server, and to administer our website. Kala Sanskruti uses your IP addresses to analyze trends and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Information that is not personally identifiable can be used to understand how people use our websites and the services offered through them. Analyzing this data allows us to improve both the quality of over services and the products that are offered through them, thereby helping us improve the performance of our websites and the algorithms on which are services are based on.
3.4 Email
In order to provide you with timely notices about the products and services that are offered by us, Kala Sanskruti may send you email notices based on your expressed interests and previous access/usage/transaction. To help us make these e-mails more useful and pertinent, we may require a system based confirmation when you open the e-mail or click on a link provided that your computer supports such capabilities. At any time, you may click the unsubscribe link at the bottom of most emails we send to stop receiving those emails. You may contact us via email at reachus@Kala-Sanskruti.com and request that your email address be removed from our lists. Note that certain email communications may be required as a condition precedent for using some of our products and services and in such circumstances it may be necessary for us to communicate with the user.
4.0 Information Sharing
We do not give out, sell or rent registered user address or personally identifiable information except when needed to deliver a product or service that a registered user has ordered or to comply with statutory requirements or in special cases and circumstances. We may, in future, occasionally share aggregated user demographic information with our partners and advertisers. This is not linked to any personally identifiable information.
We use outside shipping companies to ship orders, printer for printing our products and a credit/debit card processing company for receiving and transferring payments. These companies do not share, retain, store or use personally identifiable information for any secondary purposes.
We share personally identifiable information with third parties in the following manner:
4.1 Affiliated Businesses
In certain circumstances, businesses or third party websites that Kala Sanskruti may be affiliated with may sell items or provide services to users through the Websites (either by themselves or jointly with us). The user would recognize when an affiliated business is associated with such a transaction or service, and Kala Sanskruti will share the user’s personally identifiable information with that affiliated business only to the extent it is necessary to effect such transactions or services. It is hereby clarified that Kala Sanskruti may or may not have any control over the policies and practices of third party/affiliated businesses as to privacy or anything else, hence user discretion is advised while taking part in any transaction or service with a third party/affiliated business.
4.2 Agents
Kala Sanskruti employs several third party specialist companies and persons to perform specific tasks on our behalf for which Kala Sanskruti may need to share your personally identifiable information with them to provide some or all of products or services for which the user may have subscribed for. Unless Kala Sanskruti informs the user otherwise, our agents do not have any right to use the personally identifiable information we share with them beyond what is necessary to assist us in performing such tasks efficiently. Such services may include, but are not limited to, mail courier services, email delivery services and money transaction services, etc.
4.3 User Profiles and Content
Certain user profile information, including but not limited to, a user’s username and the image content that such user has uploaded to the website may be displayed to other users to facilitate user interaction not just within the Websites or address the user’s request for services offered by Kala Sanskruti but also to any third party website/platform. Any content that a user uploads to their public user profile, along with any personal information or content that they voluntarily disclose online in a manner other users can view (on discussion boards, user comments and messages, etc.) become publicly available, and can be collected and used by others subject to fair use laws as applicable. Username may also be displayed to other users if and when the user post comments or upload images through the Websites and other users can communicate with each other through such comments. Registering or signing-in through third party websites such as Facebook, Yahoo, Gmail, etc., may allow sharing of user’s list of “friends”, contacts, etc., which may be automatically imported to the Kala Sanskruti, and such “friends,” or contacts if they are also registered users of Kala Sanskruti, may be able to access certain non-public information that a user may have entered in their user profile. The third party or affiliate websites have their own policies and practices over which Kala Sanskruti may or may not have any control.
4.4 Sale of Assets
Kala Sanskruti may buy or sell assets, which may be literary and artistic works, including but limited to, any production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression including digital form, such as a book, pamphlet and other writing; a dramatic or musical adaptation of a dramatic work; a choreographic work or entertainment in dumb show; a musical composition with or without words; a cinematographic work to which are assimilated works expressed by a process analogous to cinematography; a work of drawing, painting, architecture, sculpture, engraving or lithography; a photographic work to which are assimilated works expressed by a process analogous to photography; a work of applied art; an illustration, map, plan, sketch or three-dimensional work relative to geography, topography, architecture or science; a performance; a broadcast; a phonogram; a compilation of data to the extent it is protected as a copyrightable work.
Should there ever be a situation when Kala Sanskruti may be forced to cease operation, then Kala Sanskruti may decide to transfer all the information, data, assets collected by Kala Sanskruti to another company which might amongst other things, be able to provide continuity of service for the users. If Kala Sanskruti becomes a part of another company, organization, or entity through a merger, amalgamation, takeover, sale of assets, or other corporate acquisition or processes under law, thereby resulting in a change of control over the Websites and its content, the acquiring company, organization, or entity will obtain and have access to all the “Personally Identifiable Information” collected by Kala Sanskruti and it will assume the rights and obligations regarding the user’s “Personally Identifiable Information” as described in this Privacy Policy and may decide to amend the existing privacy policy agreement with respect to all the members.
4.5 Legal Requirement
We may be obliged to disclose “Personally Identifiable Information” when required by law or under good-faith and belief that such disclosure is necessary in order to conform to applicable law, comply with subpoenas, court orders or legal process served on Kala Sanskruti, to establish or exercise our legal rights or defend against legal claims, and to protect the property or interests of Kala Sanskruti, its agents and employees, personal safety, or the public. Please note that, under such circumstances, Kala Sanskruti may be prohibited by law, court order or other legal process from providing notice of the disclosure, and Kala Sanskruti reserves the right to not provide such notice in its sole discretion.
5.0 Information Security
The security of the user’s “Personally Identifiable Information” is Kala Sanskruti’s priority. All “Personally Identifiable Information” are kept on secured servers that are encrypted to protect and prevent any infringement or unauthorized access. While no guarantee can be given against complete security of the aforesaid information and data content, Kala Sanskruti takes all reasonable precautions to safeguard the user’s “personally identifiable information”. Kala Sanskruti do not give out, sell or rent registered user address or personally identifiable information except when needed to deliver a product or service that a registered user has ordered or to comply with statutory requirements or in special cases and circumstances as mentioned and described in this privacy policy.
Kala Sanskruti expects its users to create passwords that are not easy to guess or hack. Kala Sanskruti expects its users to never disclose such passwords to any third person. Such disclosure of the password would be a specific breach of this privacy policy and Kala Sanskruti would not be liable for any of the consequences which results in any losses to the user whether quantifiable or not. Should the user forget their password, Kala Sanskruti helps the user to create a new password by sending an access link to their primary email account that is kept on record with Kala Sanskruti and the user would be required to set a new password.
6.0 Amendments to Privacy Policy
Kala Sanskruti may amend this Privacy Policy from time to time. Use of information that Kala Sanskruti collects now is subject to the Privacy Policy in effect at the time such information is used. If Kala Sanskruti makes any changes to the manner in which Kala Sanskruti uses the Personally Identifiable Information, then this Privacy Policy may be suitably amended without any prior notice being sent to the User or any other third party. All concerned parties, including but not limited to the user, shall be bound by any changes made to the Privacy Policy, which shall become immediately effective.
7.0 Policy Questions
Kala Sanskruti is committed to protecting and safeguarding your privacy. Please contact us at info@kala-sanskruti.com to seek any clarification regarding the Kala Sanskruti privacy policy.
Others
Affiliated/connected sites
We offer some of our services in connection with other web sites. Personal information that you provide to those sites may be sent to Kala Sanskruti in order to deliver the service. We process such information in accordance with this Policy. If the affiliated sites have different privacy practicies then the user is required to read their privacy policies.
Log Files
Like many other Web sites, Kala-Sanskruti.com makes use of log files. The information inside the log files includes internet protocol ( IP ) addresses, type of browser, Internet Service Provider ( ISP ), date/time stamp, referring/exit pages, and number of clicks to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses, and other such information are not linked to any information that is personally identifiable.
PRIVACY RIGHTS
0.1 How does Kala Sanskruti protect my privacy and secure my information?
Please look at our Privacy policy to understand how we protect all your information.
Your security is our priority. All “Personally Identifiable Information” is kept on secured servers that are protected to prevent any infringement or unauthorized access. While no guarantee can be given against complete security of information, we take all reasonable precautions to safeguard your “personally identifiable information” and protect it from unauthorized access and use.
We expect you to create passwords that are not easy to guess and has/is/may never disclosed to any third person. If you forget your password, Kala Sanskruti helps you to create a new password by sending an access link to your primary email account that is on file with Kala Sanskruti. You would need to set a new password once you use out forgot password mechanism.”
0.2 Why the artwork uploaded was removed?
If the artwork you uploaded goes against our submission policies, we have a right to remove it, with or without notifying you. For any artwork which may have been removed, you may visit our Copyright policy to ascertain the reasons thereof. After reading the policies, if you still think that your artwork should not have been removed, you may contact our customer service.
0.3 Why was my gallery blocked?
If a gallery goes against our policies, we have a right to block it, with or without notifying you. If you find that the gallery has been blocked, you may visit our Terms and Condition to ascertain the reasons thereof. After reading the Terms and Conditions, if you still think that your gallery should not have been blocked, you may contact our customer service.
0.4 Why did my event get blocked?
If an event goes against our policies, we have a right to block it, with or without notifying you. If your event has been blocked, you may visit our Terms and Condition to ascertain the reasons thereof.
After reading the Terms and Conditions, if you still think that your event should not have been blocked, you may contact our customer service.
0.5 My account has been banned. What can I do?
If your account has been banned, please get in touch with our help desk. An email would be sent notifying you the reasons thereof. Please note that we might not be able to get back to you immediately. However, it is advised that you visit our policy documents to ensure and to understand the reasons thereof.
Our goal is to make art accessible to all and we believe in spreading open-mindedness amongst all. However, if a user goes against our website policy and harms the art ethos, we are trying to build, we have no option but to ban the account. Please bear with us; we hope to be fair in all our proceedings.
0.6 How do I report abusive content or anything that would be considered a problem?
Mature content refers to images, subject matter, or other themes that some viewers may find offensive and distasteful in any form. For example: pornography, violent themes like war and child abuse etc. While, Kala Sanskruti believes in and expects all users to show open-mindedness in appreciating art, Kala Sanskruti strictly prohibits the submission of materials classified as pornographic or obscene and there is no exception to this prohibition. However, portrayal of a mature content on any form of artwork may not necessarily classify the artwork as obscene. We reserve the right to remove any content deemed inappropriate immediately upon discovery of the same.
The administration reserves the sole right to review and classify questionable material as obscene or not obscene, but we encourage users to report such artwork by flagging it and our customer service would take actions as soon as possible.
To report any user or content that you think is abusive or could be a problem, please copy the URL from the browser bar and submit a ticket with a proper explanation.
0.7 Another user has copied my work and taken credit. Can Kala Sanskruti take it down?
Our Submission Agreement policy clearly prohibits any users from uploading and using images of another artist without prior documented permission. If you think your artwork is being misused by another user, please get in touch with customer service.
Please review out copyright policy for more information.
0.8 Does Kala Sanskruti own my artwork?
Kala Sanskruti’s Terms and Conditions clearly state that the original artist retains all rights appropriate to the artwork at all times. Kala Sanskruti has no intention to own rights to an artist’s work.
When you agree to our Terms and Conditions you only allow Kala Sanskruti to display, showcase, promote, sell and make your artwork available to all viewers using various devices to access Kala Sanskruti.
Print Policy
If you wish to submit certain kinds of Artist Materials, known as “Artwork” (defined below), to the Kala Sanskruti’s Site for inclusion in the Print Program as part of the Kala Sanskruti Service, you need to enter into this Print Program Agreement (“Agreement”). Any individual or entity that elects to use the Print Program must accept without change the terms of this Agreement and the Kala Sanskruti Terms of Service and Submission Policy which are incorporated into and form a part of the Agreement. BY CLICKING THE “SUBMIT PRINT” BUTTON, YOU AGREE THAT YOU ARE BOUND BY ALL TERMS OF THIS AGREEMENT.
1. Eligibility
The Print Program is a Service of Kala Sanskruti that allows you to sell certain types of Artist Materials through the Kala Sanskruti Shop. At this time, only Artist Materials in the form of Digital Art, Traditional Art, Wallpapers, Photography or Literature are considered “Artwork” and are eligible for inclusion in the Print Program. You may only submit Artwork for inclusion in the Print Program if you are the sole author of the Artwork and you hold all intellectual property rights in the Artwork. In addition to sales in the form of traditional prints and postcards, your Artwork may also be sold in the form of printed magnets, coffee mugs, calendars and other products at your election. Only registered members of Kala Sanskruti that have accepted the Submission Policy may participate in the Print Program. At this moment there are two forms of the Print program, the Standard Service Print Program and the Premium Membership Print Account both of which are further defined in the rest of this Agreement.
2. Fee
If you elect to participate in the Standard Print Program there is no fee. However, this free version of the Print Program offers a limited number of options, with potentially reduced profit potential to you.
3. Pricing
a. Standard Print Program. At the time you submit Artwork for inclusion in the Standard Print Program, Kala Sanskruti will display the retail sales price for your Artwork and the portion of that amount that would be paid to you for each sale, known as the “Artist Share.”
b. Limited Edition Print Program. The Default Retail Price reflects the price that will be paid by the purchaser of your Artwork to Kala Sanskruti for the print. You will have an opportunity when posting your Artwork with a Limited Edition Print to select the royalty rate for each configuration of a print. Kala Sanskruti reserves the right to change the Base Prices and the Default Retail Prices at any time in its sole discretion and without prior notice. Kala Sanskruti will notify you of changes to the Base Prices and the Default Retail Prices by an on-site “Hot Topic” news posting accompanied by changes in the posted prices. Except for pending orders for your Artwork, participants in the Print Program with a Limited Edition Print may always revise the royalty rate for each Artwork subject to the limitations of this Agreement.
4. Artist Share and Purchasing Your Own Works
a) Standard Print Program. Kala Sanskruti will pay you the Artist Share designated by Kala Sanskruti, as described in Section 3, for the final sale of Artwork through the Standard Print Program. It is your responsibility to review the sales price and the Artist Share before finalizing your submission of Artwork for the purposes of the Standard Print Program. By submitting your Artwork for inclusion in the Standard Print Program, you agree to accept the Artist Share designated by Kala Sanskruti for each sale of your Artwork as your only compensation for each such sale.
b) Limited Edition Print Program. For the final sale of Artwork by holders of a Limited Edition Print Artwork, Kala Sanskruti will pay you an Artist Share equal to the royalty rate you have set for the Artwork at the time of submission with a default royalty rate of 20% of the default retail price. However the royalty calculation for the Artist Share shall not include any amounts received by Kala Sanskruti from the purchaser for taxes, duties, shipping, insurance or handling. It is your responsibility to review the retail sales price, the Base Prices and the resulting Artist Share before finalizing your submission of Artwork for the purposes of the Premium Membership Print Account. By submitting your Artwork for inclusion in the Limited Edition Print Program, you agree to accept the Artist Share for each sale of your Artwork as your only compensation for each such sale. If and when you remain in the Print Program but do not continue as a Limited Edition Membership Print Program you acknowledge that your Artwork will be sold on the basis of the Standard Print Program. You are always free to remove any Artwork from the Print Program subject to the fulfillment of any existing orders for the Artwork you intend to remove.
c) Purchasing Your Own Work As a participant in the Standard Print Program you may purchase your own work at the Retail Price and your Artist Share will be credited to your account in the usual fashion. As a user, you will be able to purchase your own works at the Base Prices or at such other preferred prices to the Standard Print Program as Kala Sanskruti may from time to time offer without paying the Retail Prices and without Kala Sanskruti collecting and then returning the Artist Share.
5. Payments
Kala Sanskruti will account to you your Artist Share in Indian Rupees currency as shown in the invoice. Your earnings may be shown as awaiting clearance for a third party payment confirmation. You will be able to convert your earnings into Kala Sanskruti Points instantly once the transaction for those earnings has cleared. Additional information may be requested from you to process payments by Gpay/ or by check.
6. Approvals
Before Artwork may be purchased through the Kala Sanskruti Shop, all Artwork must be approved for sale by Kala Sanskruti. Factors affecting approval include, but may not be limited to, image aspect ratio, quality, resolution, bleed edge, and whether the Artwork complies with Kala Sanskruti’s policies regarding the submission of Artist Materials, generally, as set forth in the Submission Policy and the requirements for submission of Artwork as set forth in this Agreement. Although Kala Sanskruti has the right to include your Artwork in the Print Program, Kala Sanskruti does not have the obligation to do so. While Kala Sanskruti is not responsible for the content of your Artwork, Kala Sanskruti may, in its sole discretion and for any reason, refuse the Artwork, refuse to fulfill orders for such Artwork, or remove Artwork from the Print Program at any time. For general information on submitting Artwork for inclusion in the Print Program.
Print Program. Kala Sanskruti will not review Artwork submitted for inclusion in the Standard Print Program until there is an attempt to purchase the Artwork through the Kala Sanskruti Shop. Kala Sanskruti will use commercially reasonable efforts to approve or reject such Artwork within one business day after such an attempt, provided that the attempt to purchase such Artwork occurs during Kala Sanskruti’s normal business hours. If the Artwork is rejected, you and the purchaser will be notified and the transaction will not be completed.
7. Changes to the Print Program
Kala Sanskruti has complete discretion to modify any aspect of the Print Program, including but not limited to terms, pricing, availability and the way in which the Print Program is displayed or offered. Kala Sanskruti may also discontinue the Print Program in whole or in part at any time for any reason. Kala Sanskruti will notify you of any material changes to this Agreement (and the effective date of such changes) by an on-site “Hot Topic” news posting. Kala Sanskruti will also post the revised Agreement on the Kala Sanskruti Site(s). If you continue to maintain or upload Artwork on the Kala Sanskruti Site(s) after the effective date of the changes to the Agreement, you will be deemed to have accepted those changes and the new terms of the Agreement will govern all prior and future submissions of Artwork to the Print Program. If you do not accept the new terms of the Agreement, your sole and exclusive remedy shall be to terminate this Agreement by removing all of your Artwork from the Print Program.
8. Withdrawing Artwork from the Print Program
You can remove your Artwork from the Print Program at any time and for any reason, subject to the fulfillment of any existing orders for the Artwork you intend to remove. To remove your work from the Print Program you must delete the Artwork by using the administrative tools on your user page under the heading of “Manage Prints”. Please note that this will only remove the Artwork from the Print Program and Artwork that has been submitted to the Kala Sanskruti Site as Artist Materials will continue to appear on the Kala Sanskruti Site until you remove such Artist Materials from the Kala Sanskruti Site.
9. Licenses to Kala Sanskruti
For the purposes of offering your Artwork for sale and fulfilling orders for your Artwork through the Print Program and for the period during which your Artwork is placed in the Print Program, you grant to Kala Sanskruti a worldwide, nonexclusive, royalty-free, right and license to (a) reproduce, distribute, transmit, publicly perform and publicly display the Artwork, in whole or in part with or without the Artwork of others, in any manner and media including, and not as a limitation, uses of the Artwork to promote the Print Program and Kala Sanskruti; (b) modify, adapt, translate, create, re-format, store and create derivative works from the Artwork, in whole or in part, in any manner and media, and (c) sublicense the foregoing rights, in whole or in part, to any third party, with or without a fee. You hereby grant to Kala Sanskruti and its sub-licensees a nonexclusive, worldwide, royalty-free license to use all trademarks, trade names, and the names and likenesses of any individuals that appear in the Artwork and the right to use the name that you submit in connection with the Artwork.
10. Participation in Optional Programs
Kala Sanskruti may, from time to time may, identify certain Artwork for distribution through galleries, limited edition series, large format replication and by digital displays. You will receive a separate notice if your Artwork is identified as a candidate for these optional programs and Kala Sanskruti will notify you of the opportunity to participate in such programs subject to the terms of a separate agreement to cover such uses which you will be free to accept or reject at your absolute discretion.
11. You represent and warrant to Kala Sanskruti that:
a) you are the sole author of your Artwork and you have the right, power, and authority necessary to enter into this Agreement, to fully perform your obligations hereunder, and to grant the licenses set forth in Section 9 above, including but not limited to all rights necessary for the reproduction, distribution, transmission, public performance, public display, and other exploitation of the Artwork by Kala Sanskruti as permitted hereunder;
b) the Artwork is completely original to you and the Artwork submitted to Kala Sanskruti by you, and Kala Sanskruti’s exercise of its rights hereunder, do not and will not violate, misappropriate or infringe any intellectual property right, including but not limited to trademark rights, copyrights, moral rights and publicity rights of any third party;
c) no one else is entitled to receive the monies to be paid to you under this agreement;
d) the Artwork (i) does not and will not violate any law, statute, ordinance or regulation; (ii) is not and will not be defamatory, libelous, threatening, pornographic, obscene, harmful to minors, violations of child pornography or child sexual exploitation laws; (iii) does not and will not contain any viruses or other programming routines that may detrimentally interfere with computer systems or data, whether those of Kala Sanskruti or any third party and;
e) you are over the age of eighteen and is legally competent and capable to enter into the agreement.
f) you agree to indemnify, defend, and hold Kala Sanskruti and its sublicensees harmless from all claims, liabilities, damages, and expenses (including, without limitation, reasonable attorneys’ and expert fees and expenses) arising from your breach of any representation or warranty set forth in this paragraph. You will report as self-employment income all compensation received by you pursuant to this Agreement. You will indemnify, defend and hold Kala Sanskruti harmless from all claims, liabilities, damages, losses and expenses (including, without limitation, reasonable attorneys” and expert fees and expenses) relating to any obligation imposed by law on Kala Sanskruti to pay any withholding taxes, social security, unemployment or disability insurance, or similar items in connection with compensation received by you pursuant to this Agreement.
12. No Liability for Third Party Use
KALA SANSKRUTI DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY USE OF THE ARTWORK MADE AVAILABLE ON THE KALA SANSKRUTI WEBSITE BY YOU PURSUANT TO THE TERMS OF THIS AGREEMENT. YOU SHALL BE SOLELY RESPONSIBLE FOR SEEKING RELIEF FOR ANY UNAUTHORIZED USE OF ARTWORK BY A THIRD-PARTY, AND NOT FROM KALA SANSKRUTI. THIS MEANS, AMONG OTHER THINGS, THAT IF ANOTHER PERSON OBTAINS YOUR ARTWORK FROM KALA SANSKRUTI (WHETHER OR NOT WITH KALA SANSKRUTI’S PERMISSION), AND USES THOSE MATERIALS IN A WAY NOT AUTHORIZED PURSUANT TO THE LICENSES GRANTED HEREUNDER, YOU WILL SEEK REDRESS OR RECOVERY OF DAMAGES FROM THE OTHER PERSON AND NOT FROM KALA SANSKRUTI, AND THAT YOU WILL NOT HOLD KALA SANSKRUTI RESPONSIBLE OR LIABLE FOR SUCH UNAUTHORIZED USE.
13. No Warranty; Limitation of Liability
KALA SANSKRUTI PROVIDES THE PRINT PROGRAM ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. KALA SANSKRUTI AND ITS THIRD PARTY VENDORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PRINT PROGRAM, EVEN IF KALA SANSKRUTI HAS BEEN ADVISED OF (OR KNEW OR SHOULD KNOWN OF) THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THE ARTIST SHARE PAYABLE TO IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, IN NO EVENT WILL KALA SANSKRUTI”S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO KALA SANSKRUTI UNDER THIS AGREEMENT.
This Agreement, together with the Terms and Conditions and the Submission Policy is the entire understanding and agreement between you and Kala Sanskruti as to the subject matter of this Agreement and supersedes all prior proposals, discussions or agreements (oral and written) with respect to this subject matter. The terms of this Agreement are in addition to and supplement the provisions contained in the Terms of Service and the Submission Policy. In the event of a conflict among the provisions contained in the Terms of Service, the Submission Policy and this Agreement, the provisions of this Agreement will control with respect to the Print Program. Kala Sanskruti’s failure to enforce any right or provision in this Agreement will not be a waiver of that right or provision. If any court of competent jurisdiction should find that one or more provisions contained in this Agreement is invalid, you agree that the remainder of the Agreement will still be enforceable. Kala Sanskruti has the right to assign its rights and/or delegate its obligations under this Agreement, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under this Agreement without the prior written consent of Kala Sanskruti.
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.
This document is published in accordance with the the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.Kala-Sanskruti.com website.
PLACING A ORDER
Orders
1. Once an order is placed on the Website, the Program Participant is required to courier the Work(s) of Art within 3 working days of Kala Sanskruti having received the payment from the customer and the website informing the Program Participant of the same by email. All shipping/courier charges will be borne by the Program Participant. The Work(s) of Art that are unframed & unmounted should be shipped in a rolled format & in protective cylinders. For the paintings that are shipped with glass frames, utmost care should be taken while packing. The Program Participant is responsible for maintaining a high standard of packing and shipping the Work(s) of Art such that the customer receives it in undamaged condition and is satisfied by the service. The Program Participant must use only reputed courier services to deliver artworks to the Buyer. The Work(s) of Art will be delivered directly to the Buyer by the Program Participant.
2. In the event that the Program Participant no longer has the Work(s) of Art in his possession, or is unwilling to execute the sale, or has furnished wrong details about the Work(s) of Art which gets revealed post the confirmation of a sale, Kala Sanskruti reserves the right to cancel the Program Participant’s membership to this service. Alternately, and without prejudice to the foregoing, Kala Sanskruti may, at its absolute discretion, seek to commence legal proceedings to ensure execution of the contract of sale.
3. The Buyer shall deposit the requisite payment for the purchase of the Work(s) of Art with Kala Sanskruti who shall then forward the requisite payment to the Program Participant after deducting a service commission and all necessary charges/taxes to Kala Sanskruti. The amount receivable by the Program Participant will be the listed price given by the Program Participant less the service commission + Service tax on service commission. The Program Participant shall forward the Work(s) of Art along with an invoice to the Buyer for the amount already deposited with Kala Sanskruti.
4. Work(s) of Art received in an unsatisfactory/damaged condition by the customer may be returned to the Program Participant in an ‘as is’ condition. In such a case Program Participant will refund the payment to the customer and cancel the order. The cost of shipping the Work(s) of Art back to the Program Participant will be borne by the Program Participant, and will be deducted from future payments due to the Program Participant from Kala Sanskruti. If a Program Participant repeatedly gets complaints of damage from the customers, Kala Sanskruti may terminate the membership of the Program Participant. However, the Buyer cannot return a Work(s) of Art on the grounds that the Buyer did not like it.
5. Kala Sanskruti is not obligated to provide any prior intimation of sale to the Program Participant or have a discussion between the Program Participant and the customer because it is a click and buy model. Any Work(s) of Art posted by the Program Participant on the Website is assumed to be available with the Program Participant for sale, at the price mentioned by the Program Participant and available of being shipped in the shipping condition mentioned by the Program Participant as and when a sale takes place.
6. Placing the Work of Art(s) on the Website by the Program Participant constitutes an irrevocable acceptance of these terms and conditions by the Program Participant. Kala Sanskruti provides a platform for the sale of the Work(s) of Art to the Buyer. The Program Participant shall be informed of the sale of the Work(s) of Art by email or phone. Unless rescinded/ cancelled by Kala Sanskruti within 10 working days of the buyer placing the order on account of a default of payment by the Buyer, such acceptance results in the sale of the Work(s) of Art.
7. Kala Sanskruti shall not be responsible for any charges that may be levied at any destination in India or overseas.