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Disclaimer

DISCLAIMER

These terms and conditions of use shall govern your use of the site www.artofcolors.in, and all other URLs forming part thereof (hereinafter referred to as "the Sites"). The Site is owned and managed by ArtOfColors (hereinafter referred to as "us or we" in the first person and "ArtOfColors" wherever the context requires). These terms and conditions of use form the entirety of any express or implied contract that may or may be deemed to exist between us and you, the users of the Site.

MODIFICATION OF THESE TERMS OF USE

ArtOfColors reserves the right to change the terms, conditions, and notices under which the Sites are offered, including but not limited to the charges, if any, associated with the use of the Sites. You are responsible for regularly reviewing these terms and conditions.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

You shall use the Sites in good faith and for the essential purposes for which the Sites are intended. Unless otherwise specified, the Sites are for your personal and non-commercial use. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Sites.

LINKS TO THIRD PARTY SITES

The Sites may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of ArtOfColors and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ArtOfColors is not responsible for web casting or any other form of transmission received from any Linked Site. ArtOfColors is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ArtOfColors of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Sites, you warrant to ArtOfColors that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Sites in any manner which could damage, disable, overburden, or impair the Sites or interfere with any other party's use and enjoyment of the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.

MATERIALS PROVIDED TO ArtOfColors OR POSTED ON THE SITES

ArtOfColors does not claim ownership of the materials you provide to us (including registration data, feedback and suggestions) or post, upload, input or submit to any of the Sites or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ArtOfColors and its affiliated companies permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

ArtOfColors agrees that it shall not use or sell user identifiable data contained in the Submissions. However, ArtOfColors has the sole and exclusive right to use, transfer or otherwise deal with compiled user aggregated data in any manner that ArtOfColors deems fit.

SOFTWARE AVAILABLE ON THE SITES

Software (if any) that is made available to download from the Sites, excluding software that may be made available by end-users through a Communication Service, ("Software") is the copyrighted work of ArtOfColors and/or its suppliers. We hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the particular Site in accordance with these Terms of Use, and for no other purpose. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

GENERAL

These Terms and Conditions of Use are governed by the laws of India. You hereby consent to the exclusive jurisdiction and venue of courts in Mumbai , India in all disputes arising out of or relating to the use of the Sites. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ArtOfColors as a result of this agreement or use of the Sites. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ArtOfColors with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ArtOfColors with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Sites are copyright protected in favour of ArtOfColors and/or its suppliers. All trademarks, names, brand names, etc. used on the Sites are either trademarks or registered trademarks of ArtOfColors or its associated companies. Any rights not expressly granted herein are reserved.

PAYMENTS

You agree to abide by all provisions prescribed in the order forms submitted by you for the purchase of any artworks from the Sites. In particular, you warrant that all information that you submit will be true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all charges plus all applicable taxes for the purchases made by you.

LIABILITY DISCLAIMER 

The information, software, products, and services included in or available through the sites have been contributed by various collectors and may include inaccuracies or typographical errors. Changes are periodically added to the information herein by collectors and ArtOfColors. Advice received via the sites should not be relied upon for personal, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. 

ArtOfColors make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, services and related graphics contained on the sites for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind. ArtOfColors hereby disclaim all warranties and conditions with regard to this information, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. 

In no event shall ArtOfColors be liable for any direct, indirect, punitive, incidental, special, consequential damages or any 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 sites, with the delay or inability to use the sites or related services, the provision of or failure to provide services, or for any information, products, services and related graphics obtained through the sites, or otherwise arising out of the use of the sites, whether based on contract, tort, negligence, strict liability or otherwise. If you are dissatisfied with any portion of the sites, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the sites.

TERMINATION/ACCESS RESTRICTION 

ArtOfColors reserves the right, in its sole discretion, to terminate your access to any or all Sites and the related services or any portion thereof at any time, without prior notice.

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