Ownership of the website and its contents
The Website is owned by Mahatta Art. Unless otherwise indicated, all of the content featured or displayed on the Website, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software and the selection and arrangement thereof ("Mahatta Art Content"), is owned by Mahatta Art its licensors or its third-party image partners. All elements of the Website, including the Mahatta Art Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
Use of the Site
The Website and the Mahatta Art Content are intended for customers of Mahatta Art. You may not use the Website or the Mahatta Art Content for any purpose not related to your business with Mahatta Art. You are specifically prohibited from: (a) downloading, copying or re-transmitting any or all of the Website or the Mahatta Art Content without, or in violation of, a written license or agreement with Mahatta Art; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Website or the Mahatta Art Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing or attempting to register, subscribe or unsubscribe any party for any Mahatta Art product or service if you are not expressly authorized by such party to do so; (e) reverse engineering, altering or modifying any part of the Website or the Mahatta Art Content; (f) circumventing, disabling or otherwise interfering with security-related features of the Mahatta Art or any system resources, services or networks connected to or accessible through the Mahatta Art; (g) selling, licensing, leasing or in any way commercializing the Website or the Mahatta Art Content without specific written authorization from Mahatta Art; and (h) using the Website or the Mahatta Art Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the India or the country in which you reside.
The term “User Content” shall refer to any materials you upload, post, or otherwise transmit to this website (the “Site”), including but not limited to images, text, data, sketches, photos, drawings, graphics, digital images, or any combination thereof.
User Content Guide
Users of Frame your photos must adhere to the following guidelines. We reserve the right to remove or reject any User Content that may conflict with these guidelines. Gross or repeated violations may result in restrictions on or termination of your use and/or account.
- Intellectual property violations. Users must honor the intellectual property rights of others. Users shall not post or distribute content to which they do not own the copyright. In addition, users shall not post or distribute images or other content that (i) is an unauthorized reproduction or modified version of a copyrighted work, (ii) features the brand, logo, trademark, trade name or trade dress of any other person or entity, or (iii) infringes any third party’s rights of privacy or publicity.
- Illegal Acts. Users shall not post or distribute content that would constitute or encourage a criminal offenses, violate the rights of any party, or that would otherwise create liability under or violate any local, state, national or international law.
- Hate and social intolerance. Users shall not post or distribute content that contains hate or racial intolerance or advocates violence or ridicule against any individual, group, or organization.
- Illicit drugs and drug paraphernalia. Users shall not post or distribute content that displays illegal drugs or the paraphernalia used for them.
- Language. Users shall not post or distribute content that features excessive profanity or sexually explicit language, defamatory statements, or remarks that disparage or ridicule other people.
- Pornography. The Site is not a place for erotica or adult content that crosses the line from art into pornography. We understand that our users may be interested in all varieties and types of images that may include nude figures and affectionate activity. These are legitimate subjects of artistic portrayal. However, under no circumstances shall users post or distribute X-rated or hard-core images, sexual images involving children, images that depict graphic or deviant sexual acts, amateur porn or any paraphernalia involved with this type of activity.
- Violence. Users shall not post content that contains overt or gratuitous violence or images of crime-scene photos, morgue shots or violent depictions or human organs and body parts, or images that promote suicide.
- Other harmful or offensive materials. Users shall not post content that a reasonable art observer would find offensive or art that (i) is libelous, (ii) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or otherwise; (iii) is harmful to or exploitative of children; or (iv) is otherwise illegal. We reserve the right to finally determine the appropriateness of all images posted to our site.
- Misrepresentation. Users may not falsely state or otherwise misrepresent their affiliation, or affiliation of their content, with any other person or entity in any way.
- Commercial activity. Users shall not post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, software viruses, political campaigning, commercial solicitation, mass mailings, “junk mail,” “spam,” “chain letters,” or “pyramid schemes” or other such solicitations.
- The list above is not an exhaustive list of unacceptable content. Rather, it is a set of guidelines for our users to follow. We will determine, in our sole discretion, whether content is in compliance with our User Content Guidelines.
User Content Rights
You retain ownership rights to any images you upload, post, or otherwise transmit to the Site (“Image Content”). We will only use your Image Content for the purpose of processing and fulfilling your orders. However, if you upload, post or otherwise transmit non-image User Content like reviews or comments, we reserve the right to use such non-image User Content in any manner we deem appropriate, including in our marketing materials.
We reserve the right to preserve and/or disclose any and all User Content (including Image Content) if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal requirements, enforce the terms of this Agreement, respond to any claims that User Content violates the law or rights of third parties, or to protect the rights of Mahatta Art, its users or the public.
Access to Uploaded Images
Frame your Photos is NOT an image storage and/or hosting service. You are solely responsible for ensuring that you have back-up copies of your uploaded images. The images you upload will be accessible to you on the Site for periods ("Accessibility Periods") in accordance with the following terms:
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Reviews, Comments and Question
Visitors may send reviews, comments, and other communications, and submit suggestions, ideas, or questions, to firstname.lastname@example.org. By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer and exploit any of the foregoing suggestions or ideas in any manner.
Copyright Infringement Policy
Mahatta Art has adopted a policy of terminating, in appropriate circumstances and at Mahatta Art's sole discretion, account holders who infringe the intellectual property rights of Mahatta Art or any third party.
You agree to defend, indemnify and hold harmless Mahatta Art, its subsidiaries, affiliates, licensers, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Website, your conduct, your use or inability to use the Website, your breach or alleged breach of the Website Terms or of any representation or warranty contained herein, your unauthorized use of the Mahatta Art Content, or your violation of any rights of another.
This website, including without limitation its content, are provided "as is" and Mahatta Art and its directors, employees, content providers, agents and affiliates exclude to the fullest extent permitted by applicable law any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose Mahatta Art will not be liable for any damages of any kind arising from the use of the web site or the Mahatta Art content, or the unavailability of the same, including, but not limited to lost profits, and direct, indirect, incidental, punitive and consequential damages. The functions embodied on, or in the materials of this website are not warranted to be uninterrupted or without error. You, not Mahatta Art, assume the entire cost of all necessary servicing, repair or correction due to your use of this website or the Mahatta Art content we make no warranty that the site or the Mahatta Art content is free from infection by viruses or anything else that has contaminating or destructive properties.
Mahatta Art uses reasonable efforts to ensure the accuracy, correctness and reliability of the Mahatta Art content, but we make no representations or warranties as to the Mahatta Art content's accuracy, correctness or reliability. Mahatta Art has obtained all rights to license pertaining to each image from its source and the rights are expressed in the Eula and on the website. Mahatta Art will ensure to safeguard the interest of each of its clients as long as it comes under the preview of the Eula and also within the contracts as signed with its partners. Eg. : if the image in questions is not model release and the client uses it for a commercial purpose then Mahatta Art is not responsible.
Mahatta Art makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the website, or websites linking to the website. Such sites are not under the control of Mahatta Art and Mahatta Art is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Mahatta Art provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Mahatta Art of any site or any information contained therein. When you leave the website, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the website.
Limitation of Liability
In no event shall Mahatta Art, its directors, members, employees or agents be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the website, the services, the Mahatta Art content or the materials contained in or accessed through the site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Mahatta Art, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Mahatta Arts' records, programmes or services. In no event shall the aggregate liability of Mahatta Art, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the website exceed any compensation you pay, if any, to Mahatta Art for access to or use of the site.
Governing Law and Venue
Notwithstanding any of these Website Terms, Mahatta Art reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Website.
Any waiver of any provision of the Website Terms will be effective only if in writing and signed by Mahatta Art. If any clause in these Website Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.