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TERMS AND CONDITIONS

These Terms and Conditions form a valid and binding electronic contract under the Information Technology Act of 2000 read with Rules framed thereunder, by and between Heterotopia Media and Entertainment Private Limited and the User (as defined later). You are requested to read these terms of service carefully as they contain important information regarding your legal rights, obligations and remedies.

Specifically, hosts should understand how the laws work in their respective cities and/or neighborhood. Some cities and/or neighborhoods might have laws that restrict their ability to organize certain forms of events or host certain kinds of users at certain durations of time. In such instances, host should avail relevant clearances from the concerned authorities prior to listing of their spaces.

Last Updated: November 10, 2017.

Scope

Heterotopia Media and Entertainment Private Limited provides an online platform at www.artociate.com that connects art location owners [i.e. hosts] who have spaces to list and book, artists seeking to performs at such locations and other art organizers/buyers/ connoisseur of all kinds (collectively, the “Services“), which Services are accessible at www.artociate.com (/) and any other websites through which Artociate makes the Services available (collectively, the “Site“) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application“).

Key Terms

“Artociate Content” means all content that Artociate makes available through the Site, Application, Services, or its related promotional campaigns and social media channels, including any Content licensed from a third party.

“Art” means any activity as defined by users of Artociate and approved by Heterotopia Media and Entertainment Private Limited.

“Art Location” means residential, commercial and other properties.

“Art Location Owner” or “Host” means a user registered with Artociate.com who creates a Listing via the Site, Application and Services.

 “Artist” is a user registered with Artociate.com. who performs or showcases his art at an art location registered with Artociate.com.

“Booking” means a limited license granted by the Art Location Owner to other Artociate users to enter and use their spaces for the limited duration of their confirmed booking.

“Booking Request Period” means the time period starting from the time when a Booking is requested by an Artociate user (as determined by Artociate in its sole discretion), within which the requested users may decide whether to confirm or reject that Booking request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places and/or with different users.

“Communication” means an email, message via the Application or provided on the website.

“Content” means text, graphics, images, music, software (including the Application), audio, video, information or other materials.

“Guest” means a user registered with Artociate who attends an art event based on information provided in an application.

“Listing” means a space that is listed by an art location owner as available for an art event via the Site, Application, and Services.

“User” is an individual or an organization who has registered on Artociate.com.

Terms of Service

By using the Site, Application or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and Artociate.

In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Content.

If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.

The site, application and services comprise an online platform through which art location owners may create listings for their spaces and other users may learn about and book accommodations directly with the hosts. You understand and agree that Artociate is not a party to any agreements entered into between hosts and guests, nor is Artociate a real estate broker, agent or insurer.

Artociate has no control over the conduct of hosts, guests and other users of the site, application and services or any space, and disclaims all liability in this regard to the maximum extent permitted by law.

If you choose to create a listing on Artociate, you understand and agree that your relationship with Artociate is limited to being a user and an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Artociate for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Artociate.

Artociate does not control, and has no right to control, your listing, your offline activities associated with your listing, or any other matters related to any listing, that you provide. As a user you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Artociate, including by inappropriately using any Artociate intellectual property [specified below] without explicit permission from Artociate.

You acknowledge and agree that, by accessing or using the site, application or services or by downloading or posting any content from or on the site, via the application or through the services, you are indicating that you have read, and that you understand and agree to be bound by these terms and receive our services, whether or not you have registered with the site and application.

If you do not agree to these terms, then you have no right to access or use the site, application, services, or content. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modification

Artociate reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application and/or provide you notice of the modification by email. We will also update the “Last Updated” date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the Site, Application or Services will constitute acceptance of the modified Terms. Additionally, if the modified Terms contain material changes applicable to existing users (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services. If you do not close your Artociate Account, you will be deemed to have accepted the changes.

Eligibility

The Site, Application and Services are intended solely for persons who are 14 or older. Any access to or use of the Site, Application or Services by anyone under 14 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 14 or older.

For users, we may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain the local version of background or registered sex offender checks in our sole discretion. You agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports, including from Artociate’s vendors.

How we work

Any user can create his own profile. He can then connect with other users for collaboration and business purposes. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party. You will immediately notify Artociate of any unauthorized use of your Artociate Account.

By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Artociate with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other users on the Site and Services regarding any Bookings or Listings made by you.

Intellectual Property Rights

Unless otherwise noted, all copyrighted works, trademarks, service marks, trade dress, or other intellectual properties vested in any Content are owned, licensed by, used with permission, or otherwise lawfully used by Artociate. The Site as a whole is protected by copyright and trademark, all worldwide right, title and interest in and to which is owned by Heterotopia Media and Entertainment Private Limited. You may not reproduce, modify, publish, distribute, sell, or exploit in any way, in whole or in part, any of the Contents or the Site without our permission.

Users agree that Heterotopia Media and Entertainment Private Limited shall have the a non– exclusive, irrevocable and royalty–free license and right to use, reproduce, display, exhibit or otherwise utilise imagery, photographs and limited portions of video recordings of the performances/events performed through Artociate.

This license to such materials shall be used by Artociate for limited and reasonable purposes of its promotional and advertorial activities, and may also be displayed through Artociate’s archives, brochures, digital properties and site.

Jurisdiction

These Terms and Conditions shall be governed by the laws of India, and courts at Mumbai shall and exclusive jurisdiction to adjudicate upon any dispute under, or interpretation of this, electronic contract.