DISCLAIMER
These terms and conditions of use shall govern your use of the site www.kolkataarthouse.com, and all other URLs forming part thereof (hereinafter referred to as “the Site”). The Site is owned and managed by KOLKATA ART HOUSE, (hereinafter referred to as “us or we” in the first person and “KOLKATA ART HOUSE” 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
KOLKATA ART HOUSE reserves the right to change the terms, conditions, and notices under which the Site are offered, including but not limited to the charges, if any, associated with the use of the Site. You are responsible for regularly reviewing these terms and conditions.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
You shall use the Site in good faith and for the essential purposes for which the Site are intended. Unless otherwise specified, the Site 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 this Site.
LINKS TO THIRD PARTY SITE
The Site may contain links to other Web Site (“Linked Site”). The Linked Site are not under the control of KOLKATA ART HOUSE 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. KOLKATA ART HOUSE is not responsible for web casting or any other form of transmission received from any Linked Site. KOLKATA ART HOUSE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by KOLKATA ART HOUSE of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you warrant to KOLKATA ART HOUSE that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
MATERIALS PROVIDED TO KOLKATA ART HOUSE OR POSTED ON THE SITE
KOLKATA ART HOUSE 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 Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting KOLKATA ART HOUSE 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. KOLKATA ART HOUSE agrees that it shall not use or sell user identifiable data contained in the Submissions. However, KOLKATA ART HOUSE has the sole and exclusive right to use, transfer or otherwise deal with compiled user aggregated data in any manner that KOLKATA ART HOUSE deems fit.
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 Kolkata , India in all disputes arising out of or relating to the use of the Site. Use of the Site 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 KOLKATA ART HOUSE as a result of this agreement or use of the Site. 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 KOLKATA ART HOUSE with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and KOLKATA ART HOUSE with respect to the Site. 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 Site are copyright protected in favour of KOLKATA ART HOUSE and/or its suppliers. All trademarks, names, brand names, etc. used on the Site are either trademarks or registered trademarks of KOLKATA ART HOUSE or its associated Artists. 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 Site. 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, products, and services included in or available through the site have been contributed by various collectors and may include inaccuracies or typographical errors. Changes are periodically added to the information herein by collectors and KOLKATA ART HOUSE. Advice received via the site 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.
KOLKATA ART HOUSE make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, services and related graphics contained on the site for any purpose. All such information, products, services and related graphics are provided “as is” without warranty of any kind. KOLKATA ART HOUSE 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 KOLKATA ART HOUSE 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 site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.
TERMINATION/ACCESS RESTRICTION
KOLKATA ART HOUSE reserves the right, in its sole discretion, to terminate your access to any or all links to the site and the related services or any portion thereof at any time, without prior notice.
