GENERAL TERMS & CONDITIONS

TERMS & CONDITIONS

This agreement governs your use of the website www.artflaunt.com. To learn about usage rights for our content, please read our content license agreement.

This Web site is owned and operated by WWW.ARTFLAUNT.COM, hereinafter referred to as AF, or Artflaunt. Access and use of this Web site is provided by AF to you on condition that you accept these Terms of Use, and by accessing or using this Web site, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this Web site.

AF may revise and update these Terms of Use at any time and without notice. You are cautioned to review the Terms of Use posted on the Web site periodically. Your continued access or use of this web site after any such changes are posted will constitute your acceptance of these changes.

Use of the Site

This Web site and its contents (the “Content”) are intended for members of AF as well as general public. You may not use this Web site or the Content for any purpose not related to your business with AF. You are specifically prohibited from: (a) Using any data mining, robots or similar data gathering or extraction methods; (b) manipulating or otherwise displaying the Web site or the Content by using framing or similar navigational technology; (c) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any AF product or service if you are not expressly authorized by such party to do so; and (d) using the Web site or the Content other than for its intended purpose, as determined solely in AF discretion, including but not limited to, to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, and/or to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.

You may not interfere with the security of, or otherwise abuse this Web site or any system resources, services or networks connected to or accessible through this Web site. You may only use this Web site for lawful purposes.

 

Content Listing and Usage

This Web site and its contents, i.e. blog post content with or without pictures submitted by members are available for viewing by other members as well as general public. . This website provides a platform to its members to share their art with general public without any kind of royalty or payments unless otherwise posted for sale in online store. The listing of blog content on AF is solely at the discretion of its members. Members are strictly required to submit their own work, and not work created by any other persons or agencies, or institutions or commercial houses.

The members posting their art on AF are advised NOT TO COPY work from any other sources and list on AF on their own name, violating which they themselves are responsible for any kind of copyright infringements and penalties and expenses arising thereof.

The artworks posted by Artists on AF can be edited and used exclusively for promotional purpose of artworks, artists and their offerings on the website and social media by AF.

AF reasonably runs check upon the content for any kind of obscene, violent, religious, pornographic or any other content submitted, and immediately delists it from the website along with warning to the members. Repeating offenders can be banned permanently from using this platform.

Members, or general public are requested to  immediately report any kind of improper post or content to report@artflaunt.com .

AF, its owners, directors, employees or any of our agencies do not verify any content for copyrights or plagiarism, and takes no responsibility for any such content posted on website by any members. AF is committed to delist any such content on being reported by members or general public on report@artflaunt.com. If any such content is found or reported, AF is committed to provide any help to statutory agencies and the law for releasing data of offenders.

 

Intellectual Property

All materials (including the organization and presentation of such material) on this Web site (the “Materials”) are the property of AF and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.

The Materials may only be used and copied for your own purpose, non-commercial, personal or educational , after due consent from the authors or artists. You may create derivative works from or otherwise exploit the Materials in any way ONLY WITH THE CONSENT of the authors of such work.

Trademarks

AF, Its any product or service name or slogan contained in the Site are trademarks of www.artflaunt.com, and may not be copied, imitated or used, in whole or in part, without the prior written permission of AF. You may not use metatags or any other “hidden text” utilizing “artflaunt” or any other name, trademark or product or service name of artflaunt without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of AF may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Privacy

AF is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Website Privacy Commitment to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit our website. Please see our Website Privacy Commitment for further details.

AF does not store any kind of payment card information, including card numbers, expiry dates or PIN numbers.

Currency of Web site

AF updates the information on this Web site regularly. However, AF cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Web site. AF may revise, supplement or delete information, services and/or the resources contained in the Web site and reserves the right to make such changes without prior notification to past, current or prospective visitors.

Other Web Sites listed on www.artflaunt.com

This Web site may provide links to third party Web sites for your convenience only. The inclusion of these links does not imply that AF monitors or endorses these Web sites. AF does not accept any responsibility for such Web sites. AF shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party Web sites or linked resources.

Internet software or computer viruses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Web site. Computer viruses or other destructive programs may also be inadvertently downloaded from this Web site.

AF shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Web site or your downloading of any of the Materials from this Web site. AF recommends that you install appropriate anti-virus or other protective software.

Web Site and Materials Provided “As Is”

THIS WEB SITE AND THE MATERIALS ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. AF DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEB SITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL AF OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEB SITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

Indemnification

You agree to indemnify and hold AF harmless against all claims or liability asserted against AF arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

Notice and Procedure for Making Claims of Infringement

 

Email

You can email us anytime at connect@artflaunt.com. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. AF is not liable for any damages related to communications to or from this Web site. You agree with respect to any information provided by you to us through this Web site or via e-mail that:

AF has no obligation concerning such information;
the information is non-confidential;
AF may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and
the information is truthful and disclosure of the information does not violate the legal rights of others.
Applicable law

This Web site is controlled, operated and administered by AF from within the Gurgaon, Haryana, India This Web site can be accessed from India as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of Gurgaon, Haryana, by accessing this Web site, you acknowledge and agree that all matters relating to access to, or use of this Web site shall be governed by the laws of Gurgaon, Haryana, India applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Haryana and acknowledge that you do so voluntarily.

Contact

If you have concerns relating to this web site or these Terms of Use, please contact AF at connect@artflaunt.com.

SALES TERMS & CONDITIONS

BUYERS

The Terms of Sale mentioned below apply to all offers made by AF, all registrations done herein, all orders placed by you and all agreements concluded between us in relation to the products and services offered on this website.

The artworks available for sale on our online store may physically be located anywhere in the world in the artist’s studios and are not in the physical possession of Artflaunt.

All artworks displayed for sale on the online store will be sold at the price listed on the online store and will be shipped in unframed condition (rolled and packed), or as per the shipping condition mentioned in the artwork details.

The price quoted for the works of art are inclusive of taxes, shipping and handling unless otherwise stated directly over the artwork.

We use reputed and reliable couriers for shipping the artworks. We only ship on realized 100% payment in advance, after with the goods are deliverd in 6 to 7 working days in normal conditions.

The information provided during registration or amended at the time of placing the final order shall be the final billing address and shipping address for delivery of the artworks.

All invoices will be printed by Artflaunt system based on the registration information provided by the buyer at the time of making the purchase, on behalf of the seller with their details.

The paintings that are unframed & un-mounted will be shipped in a rolled format & in protective covers. We take utmost care while packing and shipping the artworks to the customer destination as mentioned in the order.

Placing an order on artflaunt.com online store constitutes an irrevocable acceptance of the purchase. This acceptance results in an enforceable contract of sale between Artflaunt and the buyer, unless it is cancelled by Artflaunt in maximum 5 working days due to default by the buyer in payments or due to the default made by the artist/seller.

The final payment for the price of the artwork should be made within a maximum of 5 working days from the date of placing the order. Artflaunt reserves the right to cancel the order without prior notice to the buyer. All sales are against 100% payment in advance.

Artflaunt is not liable for any charges that may be levied at the final destination of the artwork as mentioned in the order by the customer whether in India or overseas.

The Buyer should not accept the parcel in case of any damages found at the time of delivery and should notify Artflaunt team immediately over email or phone.

Artflaunt may return the artworks received in damaged conditions in intimated within 2 working days of delivery. Any other reason for return (for example, dislike of design, color, size when actually received) is not eligible for return.

Artflaunt takes every possible care to display artworks as they appear physically in terms of colors. Still, there may be variations in color due to digitization of a physical artwork in a photograph. Artwork do not entertains any complaints and return requests in this regard.

You , as a buyer,  agree to abide by all the terms and conditions mentioned herein. In particular, you warrant that all information submitted by you will be true and accurate and you agree to pay all costs, charges and all applicable taxes for the purchases made by you.

All artworks posted for sale by Artists on the online store are provided by an authenticity guarantee from the Artist themselves.

The buyer warrants that all the information furnished at the time of registration is true and correct and any change therein is duly updated and intimated to artflaunt on timely basis. Artflaunt is entitled to act on the basis of the information provided and seek such further information, clarifications or verifications as it may deem necessary for granting registration. Such registration may be suspended or cancelled where Artflaunt forms a reasonable view that any of the above information may be inaccurate. However, such registration will be restored immediately on the buyer furnishing information to the satisfaction of Artflaunt.
Disputes if any, would be subject to Gurgaon (Haryana) jurisdiction only.

 

SELLERS

The Terms of Sale mentioned below apply to all offers made by AF, all registrations done herein as a seller, all artworks posted by you and all agreements concluded between us in relation to the products and services offered on this website.

All the general terms and conditions mentioned in this document are are duly applicable to you.

You, as a seller artist, acknowledge that the artworks created by you, and not someone else.

You warrant that you will duly ship your artworks to Artflaunt in a satisfactory packing as detailed in the packing guidelines by Artflaunt within 2 working days of receiving the order.

For Digital Print offerings by Artflaunt, you, as a seller, authorize Artflaunt to generate digital prints of your work and list the same on the online store for sale. This is subject to your acceptance for the artwork to be sold in digital prints at the time of submitting the respective artwork. You will be entitled to a one time specific percentage of royalty (mentioned in seller FAQs) for sale of digital prints of your artwork on the sales price for that respective artwork mentioned on the online store.

For Digital Print offering, if opted for any of your artwork, you agree to provide High Resolution Images of your artworks without any borders, watermarks or frames on top of it.

You also agree to upload good quality and clear images of your artworks for sale without any frames or watermarks over it. If found not suitable, Artflaunt may edit the same and upload on the online store on your behalf.

You , as a seller,  agree to abide by all the terms and conditions mentioned herein. In particular, you warrant that all information submitted by you will be true and accurate and you agree to pay all costs, charges and all applicable taxes for any breaches made by you in relation to quality of artworks delivered as against mentioned by you in your listings on the online store.

You, as a seller, warrant that all the information furnished at the time of registration (including and not limited to your name, address, bank account numbers and VAT/TIN registration numbers) is true and correct and any change therein is duly updated and intimated to Artflaunt on timely basis. Artflaunt is entitled to act on the basis of the information provided and seek such further information, clarifications or verifications as it may deem necessary for granting registration. Such registration may be suspended or cancelled where Artflaunt forms a reasonable view that any of the above information may be inaccurate. However, such registration will be restored immediately on the seller furnishing information to the satisfaction of Artflaunt.

Disputes if any, would be subject to Gurgaon (Haryana) jurisdiction only.