(Effective January 01, 2016)
Artistize.com is intended for persons aged 13 and any children’s below 13 are minors and their account will be handled by their parents/guardians. You acknowledge that some parts of artistize.com may contain material that is inappropriate for minors. In case of Artistize.com, we may agree to you (as legal guardian for a minor) registering a profile on behalf of the minor.
As being a child artist below 13 years, if any child who wants to create an Artistize account, his/her account will be under parental guidance and will be operated by parent/guardian.
The account passwords are kept encrypted; Artistize never accesses user passwords. However, Artistize reserves the right to ascertain the correct legal owner of the account(s) in an event of a dispute or verification of user’s identification with the help of Master Password. If you have any questions about your Personal Information or this policy, please write to firstname.lastname@example.org
Furthermore, you agree to fully cooperate with us while we investigate any suspected or actual activity that is in breach of these Terms and Conditions.
In order to access or use some features of the Website, you may have to become a registered user. If you are under the age of 13, you are not permitted to register as a user without parental guidance or with legal guardian.
If you become a registered user, you agree that you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (a “Membership”), which may permit you access to certain areas and features of the Website not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at email@example.com of any breach of security or unauthorized use of your Membership.
We permit users to post, upload, transmit through, or otherwise make available on the Website (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest of your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit. You represent, warrant, and covenant that you will not submit any User Content that:
Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted.
By submitting User Content to us, simultaneously with such submission you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable, and transferable right and license to use, distribute, publicly display, transmit, and publish the User Content (in whole or in part) on, or in connection with, the Website, the promotion of the Website, and/or the promotion of our clients and/or promotional partners and their products or services.
You also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with your User Content. You waive any and all claims you may have now or later in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.
We reserve the right to display advertisements in connection with your User Content. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers, including their downstream users.
The Member Invite area of the Website is solely a communication platform for enabling connections and collaboration among Website users. We do not take part in the interaction between you and any other Website user in terms of Member Invites. Furthermore, we do not have control over the quality, timing, legality, or any other aspect whatsoever of any Member Invite, nor of the integrity, responsibility or any of the actions or omissions of any Website users in connection with Member Invites. We make no representations about the suitability, reliability, timeliness, legality or accuracy of any aspect of a Member Invite. We do not perform background checks on any Website user, and we cannot confirm that any particular Website user is who they claim to be. We do not assume any responsibility for the accuracy or reliability of any information provided to you in connection with any Member Invite. Neither are we nor our affiliated companies responsible for the conduct, whether online or offline, of any website user. We and our affiliated companies will not be liable for any claim, injury or damage arising in connection with your use of the website or of you being party to any Member Invite.
Member Invites are conducted solely between Website users. We will not be a party to any Member Invite or any contest or contract entered into amongst Website users in connection with any Member Invite.
You may use our “invite friends”, and other similar features, to upload your address book into our Services feature. We store this information, including phone numbers, and use it to help you manage and leverage your contacts in connection with our Services. We also use this information to enhance your experience with our Services by helping you to grow your network by identifying your contacts that are already Members of our Services, providing a template to send invitations on your behalf to your contacts that are not Members, and suggesting people you may know, even if not in your contacts but are not yet connected with you on our Services (as we may infer from your shared connections or shared Artists, creative people, Art institutions and other such factors). We may also use this information to show you and other Members that you share the same uploaded contacts who may or may not be Members.
Please note that when you send an invitation to connect with another individual on our Service (a “Friend”) or to join our Service to connect with you, that person may have access to your email address or, for SMS invitations, mobile number because it may be displayed in the invitation. After sending these invitations, we may also remind your invitees of your invitation on your behalf. Your Artistize friends will also have access to your email address.
We make other tools available to sync information with our Services, and may also develop additional features that allow Members to use their account in conjunction with other third-party services. For example, our mobile applications allow you to sync your device’s calendar, email and/or contacts apps with our Services to show you the Artistize profiles of meeting attendees, email correspondents and/or your contacts.
Another example are software tools that allow you to see our and other public information about the people you email or meet with and leverage our Services to help you gain insights from and grow your network. If you grant these products (mobile applications or our other Services that sync external email and calendar services, such as “Artistize Connected”) permission to access your email and calendar accounts, they will access and may store some of your email header and calendar history information. Our products that sync with external email services may also temporarily cache message content for performance reasons, in a way that is unreadable by us and our service providers.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the “Advertisers”) such as our advertisers, sponsors, or promotional partners as a result of your use of the Website. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
We, or our service providers, suppliers, advertisers, clients and/or other third parties conduct promotions on or through the Website, including, without limitation, skill-based contests (“Promotions”). Each Promotion may have official rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement. Artistize, in its sole discretion, may terminate any Promotion that does not receive a minimum of 20 submissions.
we provide the Website including, without limitation, Website Content for informational, educational, entertainment and promotional purposes only. You may not rely on any information and opinions expressed on any of our Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness and usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.
In many instances, Website Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness and reliability of any opinion, advice, or statement made on the Website by anyone other than authorized employees or spokespersons while acting in their official capacities.
If there is a dispute between persons accessing the Website or between persons accessing the Website and a third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release the Website, us, and our officers, directors, employees, partners, agents, clients, and distribution partners, Affiliated Companies, and each of their related companies (collectively, the “Indemnified Entities”) from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
The Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
You explicitly agree that use of the website is at your sole risk. All products and services purchased on or through the website are subject only to any applicable warranties by their respective manufacturers, distributors and suppliers; if any, the website, website content and all products and services purchased on or through the website are provided by us on an “as is” and “as available” basis without warranty of any kind, either express or implied. Without limiting the foregoing and to the fullest extent permitted by law, the indemnified entities disclaim any and all warranties including any: (1) warranties that the website, website content, or any products or services purchased on or through the website will meet your requirements; (2) warranties concerning the availability, accuracy, security, usefulness, timeliness, or informational content of the website, website content, or any products or services purchased on or through the website; (3) warranties of title, non-infringement, merchantability, or fitness for a particular purpose; (4) warranties for services or goods received through or advertised on our website or accessed through the website; (5) warranties concerning the accuracy or reliability of the results that may be obtained from the use of the website; (6) warranties that your use of the website will be secure or uninterrupted; and (7) warranties that errors in the website will be corrected.
In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
Any dispute, violation, controversy, contest or claim arising out of or relating to this Agreement or the breach, termination or validity thereof (hereinafter the "Disputes") shall be resolved amicably in the first instance. The Parties agree to meet to resolve such dispute in good faith. Should such a solution not be reached, within  days from the date of commencement of the dispute, difference or disagreement or such longer period of time as may be mutually agreed by the Parties in writing, such dispute, difference or disagreement shall be referred to Arbitration and shall be finally resolved through arbitration conducted by a tribunal of three arbitrators, with the right of each party to appoint an arbitrator, who in turn will appoint a Presiding Arbitrator. The Presiding Arbitrator shall pass a speaking award. Any order/directions/awards of the majority of the tribunal shall be final and binding on both the parties. The arbitration proceedings shall be in accordance with the Indian Arbitration and Conciliation Act 1996 and Rules thereunder at present in force. The seat of arbitration shall be Pune, India. The arbitration shall be administered in accordance with its practice, rules and regulations. If the award passed in the Arbitration proceeding is not acceptable to any of the Party, then the Party is free to approach the appropriate court of law as agreed herein below.
This Agreement shall be construed in accordance with and governed by the laws of India without giving effect to their conflict of laws principles or rules. The courts at Pune, India shall have exclusive Jurisdiction.
To the extent allowed by law, we waive any right to pursue disputes on a class-wise basis, that is, to either join a claim with the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration or other legal proceedings.
To the extent allowed by law, we each waive any right to trial by jury in any lawsuit, arbitration or other legal proceedings.
The Website reserves the right to amend the fee policy and charge for all the services which the website offers. In the event of such change in policy, the details will be posted on the homepage of the website and such change shall be effective as soon as Users have been intimated. Subsequent to such change, it is the choice of the User whether or not to continue with the services offered by us.
To process financial transactions, we may use third-party electronic payment processors or service providers (ESPs). As required, you permanently authorize us to instruct such ESPs to handle Account deposits and withdrawals from your account. You also permanently agree that in accordance with your requests as submitted, we may give such instructions on your behalf. You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these Agreements and the ESP's terms and conditions, these Agreements shall prevail.
The following payment options are / will be available on the Website:
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Amex, the User will be required to submit his/her 16-digit card number, card expiry date and 3-digit CVV number (usually on the reverse side of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) in order to complete the transaction. The User is hereby explicitly made aware all payments must be in favour of Asha Talent Solutions Private Limited, Pune. The User is further aware that in case of third party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same.
We reserve the right to increase fees or introduce new prices or charges at any time.
Subscriptions; Charges on Your Billing Account
General: The fees payable in respect of the Service and Credits shall be those fees as set out on the website from time to time. We reserve the right to vary the fees in accordance with these terms and conditions. Artistize.com may bill you through an online account (your "Billing Account") for use of the Service and purchase of Credits. Artistize.com does this through one of its billing agents, Interactive Payment Services Limited, PayTM or others. You agree to pay Artistize.com (through its Billing Agents) all charges at the prices then in effect for any use of the Service or purchase of Credits by you or other persons (including your agents) using your Billing Account, and you authorize Artistize.com to charge your chosen payment provider (your "Payment Method") for the Service or purchase of Credits. You agree to make payment using that selected Payment Method.
Artistize.com and its Billing Agents reserve the right to correct any errors or mistakes they make even if they have already requested or received payment.
Recurring Billing: Most subscription plans to the Service have of an initial period, for which there is a onetime charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. By entering into this agreement, you also accept that your Payment Method information shall be stored by Artistize.com so that you can continue to receive the Service or make purchases of Credits. Artistize.com (through its Billing Agents) may submit periodic charges (e.g. monthly) without further authorization from you, unless you provide prior notice (confirmed in writing upon request by Artistize.com) that you have terminated this authorization or wish to change your Payment Method. Such notice will not affect charges submitted before Artistize.com reasonably could act. To terminate your authorization or change your Payment Method email firstname.lastname@example.org
Current Information Required: You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify Artistize.com if your Payment Method has to be cancelled (e.g. for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made by emailing email@example.com. If you fail to provide Artistize.com with any of the foregoing information, you agree that Artistize.com (through its Billing Agents) may continue charging you for any use of the service under your Billing Account unless you have terminated your subscription for the service (confirmed by you in writing upon request by Artistize.com).
Payment Method: The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). You authorize your Payment Method Provider to pay all charges owed by you to Artistize.com through its Billing Agents. If you become aware of fraudulent use of your card or it is lost or stolen, you must notify the Payment Method Provider in accordance with its reporting rules. Where Artistize.com (or its Billing Agents) are obliged as a merchant to refund monies, we agree to refund any such monies, to enable us to meet our merchant obligations. If Artistize.com (or its Billing Agents) does not receive payment from your Payment Method Provider, or has to refund payment pursuant to its merchant obligations, you agree to pay all amounts due on your Billing Account upon demand to the Billing Agents.
Change in Amount Authorized. You agree that Artistize.com or its Billing Agents may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Auto-renewal: Your Artistize.com subscription will be automatically extended for successive renewal periods of the same (or, at our discretion, shorter) duration as the subscription term originally selected, at the then-current and non-promotional subscription rate. To change, or resign from your subscription at any time, send an email to firstname.lastname@example.org. If you resign, you may use your subscription until the end of your ongoing subscription term; your subscription will not be renewed after your ongoing term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the ongoing subscription period.
Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that Artistize.com (through its Billing Agents) is authorized to charge your Payment Method. Artistize.com (through its Billing Agents) may submit those charges for payment and you will be responsible for such charges. This does not waive Artistize.com's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
Billing Agent: The administration of payments and collection of those payments is conducted by Billing Agents on behalf of Artistize.com. You accept that Billing Agents collect the charges payable by you. The services provided by the Billing Agents (to Artistize.com) are administrative and does not affect the contractual relationship between you and Artistize.com.
Refunds: You have the right to cancel your Full Membership with Artistize.com and claim a refund within 30 days of your first subscription payment. Please note that any audition, casting or job that you have applied for will be automatically cancelled.
You also have the right to cancel your Full Membership with Artistize.com and claim a refund within 7 days of your second (first recurring) subscription payment to Billing Agents, provided, you have not used any of the following features of the site within those 7 days of your second subscription payment:
Applied for any roles listed on Artistize.com and/or, received messages from Artistize.com members or made any contact with Artistize.com members via artistize.com’s messaging system.
An administration fee is charged for processing refunds. Please allow 5-7 days for your refund to be processed.
Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User's credit and debit card information is not received, stored by or retained by the Company / Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of using the Website.
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