Terms of use

Terms of Use

A.  Acceptance of Terms

Greetings from ExcelArts Foundation!!

We welcome you [“User”] to our website on behalf of all members and volunteers of ExcelArts Foundation [also referred to as “us” or “our” or “we”]. By accepting the Terms of Use, User is undertaking and agreeing to the conditions mentioned hereunder for access to and use of our website, including any content, intellectual property rights therein, rules & regulations, functions and services offered on or through our website, and ‘Privacy Policy’ regarding any or all data that User may submit on the website.

Each time User use/enter/click this website or any content of this website, the User accepts and agrees to be bound and abide by these “Terms of Use”, “Legal Disclaimer” and the “Privacy Policy” (together or collectively called as “User Policies”), found at http://excelarts.org/index.php/legal-disclaimer/ and http://excelarts.org/index.php/privacy-policy/ respectively, incorporated herein by way of reference. User must read the User Policies carefully before using or clicking on any content on the website. If User disagrees with any of policy, or any part thereof, User should not use this website.

B. Website Access

  1. User is solely responsible for ensuring that the User is aware of all conditions of User Policies and understands them before accepting and using them.
  2. We reserve sole rights, without notice, to discontinue, amend, shut-down or withdraw any content or services on the website. We may restrict access to certain or any or all of contents or entire website to certain User, or a group of Users, or organisation, or certain territory, whether or not such User is registered or not. We shall not be liable, to any person, for any such restriction or otherwise use of our discretion mentioned herein.
  3. User agrees to provide any or all information (personal or otherwise) required to access, register or otherwise, on the website, which must be correct, complete, current and true to the best knowledge of the User. Any or all data or information provided, directly or via interactive platform on the website, shall be treated as per the Privacy Policy.
  4. Any user name, password or any other identification, or any information, provided to us or is provided by us to the User (“User Data”) shall be treated as Confidential Information (defined below), to be governed as per the Privacy Policy and must not be disclosed to anyone by the User.
  5. User shall ensure and has sole responsibility to use the User Data with utmost privacy, exit from User account after end of each session and notify us immediately of any, actual or suspected unauthorised access. User should use particular caution when accessing his/her account in public, or by using public or shared computer/network, and ensure that User Data is secure.
  6. We reserve sole rights to suspend, restrict, block or disable any or all User Data, whether chosen by the User or provided by us, at any time at our sole discretion, if in our reasonable opinion it is found that any of the terms of User Policies are violated or we become aware of any actual or potential threat to the security.

C. Intellectual Property Rights

  1. The website, any or all of its contents, material, services, patent, copyright, trademarks, trade-secret, know-how, design, Confidential Information, proprietary information, feature, graphics and static or dynamic functionality, including but not limited to any or all information, text, display, images, software, arrangement, selection, audio and video, cinematographic content (“Intellectual Property”), are owned by ExcelArts Foundation, and its affiliates.
  2. Any and all Intellectual Property (whether or not registerable, or currently identified herein) remains the sole property of ExcelArts Foundation,and is protected by national and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
  3. User may use the Intellectual Property only under ‘Fair Use/Fair Dealing’ provisions of law, which permits the User to use the website and/or its Intellectual Property only for personal non-commercial use.
  4. User is prohibited from reproducing, modifying, distributing, creating derivative works of, adapting, public performance or public display, publishing or republishing, downloading, storing, transmitting or sharing any material on or from our website, except for the followings:
  • A temporary storage in RAM incidental to accessing or viewing of the website;
  • Automatic storage of files, cached by web browser for display enhancement purposes;
  • Any material marked as “Public” subject to the conditions that such material is used solely for non-commercial or promotional purposes. Only such “Public” material may be shared on social media.
  • Any desktop, mobile or other application for download may be downloaded on such devices for personal non-commercial use, while bound to the User Policies in pith and substance.
  1. Express permission or license to use may be sought from us. We may grant such license on our condition/license terms, upon a formal request sent to ExcelArts Foundation.
  2. Any unauthorised use, or use of the Intellectual Property in unauthorised manner, or in contravention of the User Policies or any of the national or international laws (Intellectual Property laws or other applicable laws), shall be treated as violation of all of the User Policies. In such cases, including without limitation, printing, copying, modifying, adapting, downloading, providing access to other person to whole or any part of the website, or otherwise, we have sole right and discretion to suspend, restrict, block or terminate your access to the website.
  3. Pursuant to above condition (C.6), User must immediately return or destroy, at our option, any or all material, Intellectual Property to us. No right, title or license shall subsist with the User in such cases, and we will solely own any and all such material, User Data, Intellectual Property, etc.
  4. We reserve sole right to initiate any action under applicable laws and under equity against the User for any violation done by the User under the User Policies.

D. Conditions of Use

  1. User may use the website only for lawful purposes and in accordance with User Policies.
  2. User shall not, in any way, use the website which violates any applicable national, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries).
  3. User shall not use the website for any illegal, prohibited or immoral purpose, or attempting or threating to do any such act including without limitation exploit, harm, blackmail, harass any person via inappropriate content, comment, or information or otherwise.
  4. User shall not send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
  5. User shall not transmit, or procure the sending of, any advertising or promotional material without our prior written consent including any “junk mail,” “chain letter” or “spam” or any other similar solicitation.
  6. User shall not indicate or make such impression or omit to declare otherwise, ordirectly or indirectly impersonate or attempt to impersonate ExcelArts Foundation, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  7. User shall not engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which, as determined by us, may harm us or other users of the website or expose them to liability.
  8. User shall not use the website in any manner that may threaten or cause actually or potentially disable, overburden, damage, or impair the site or interfere with any other party’s use of the website, including their ability to engage in real time activities through the website.
  9. User shall not use any device, robot, software, routine, spider or other automatic device, process or means to access the website for any purpose, including monitoring or copying any of the material or for any unauthorized purpose or which otherwise interfere with working of the website.
  10. User shall not introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful or attack the website via a denial-of-service attack or a distributed denial-of-service attack.
  11. User shall not attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the website, the server on which the website is stored, or any server, computer or database connected to the website.

E.  User Inputs

  1. User may provide its content and material (“User Inputs”) through post, submission, emails, chats, publication, displaying or transmitting to other users or other persons on the website features/platforms including without limitation message boards, chat rooms, personal web-pages or profiles, forums, bulletin boards and other interactive features.
  2. All User Inputs must comply with Content Standards in these Terms of Use and are subject to the User Policies.
  3. User Inputs will be considered non-confidential and non-proprietary information of the User. User hereby expressly grants (on non-exclusive basis) any and all Intellectual Property rights in the User Inputs to ExcelArts Foundation, and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.

F.  Content Standards

  1. User Inputs and use of our Intellectual Property must be in their entirety comply with all applicable local, national and international laws and regulations.
  2. Without limiting the foregoing, they must not:
  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, seditious, inflammatory or otherwise objectionable to any person of reasonable reputation.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, know-how, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person or promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

G.  Warranty and Undertaking of User

  1. User undertakes and warrants to us that User is solely responsible for any User Input submitted, shared or contributed, and such User shall bear full responsibility including legality, reliability, accuracy and appropriateness.
  2. User undertakes and warrants, and does undertake to indemnify us, from any or all legal action/consequences which may arise under any law, including without limitation, under defamation laws and/or Information Technology Act, 2000 or any other local, state, national or international laws, or in equity, due to use or publication of such User Input.
  3. User understands and undertakes to keep us indemnified from any third party claim arising out of or in connection with the User Input.

H.  Changes to the Terms of Use

  1. We reserve the sole rights, at our sole discretion, to revise, update, repeal or amend the User Policies from time to time.
  2. Such changes will be effective and binding on the Users from the date and time on which it has been posted on the website.
  3. Use of this website following the posting of changed User Policies deems acceptance of such changes by the User. User shall be responsible to check, read and understand the User Policies, from time to time and keep themselves aware of the changes, which is binding on the Users.
  4. Any of the material on the website may be out of date at any given time, and we are under no obligation to update such material.

I.  Monitoring, Enforcement and Termination

  1. We reserve sole rights to monitor, restrict, block, modify or terminate the User Inputs in part or whole, at our sole discretion, for whatsoever reason.
  2. We reserve rights to take any action with respect to any User Input that we deem necessary or appropriate in our sole discretion, including if we believe that such User Input violate the User Policies, including the Content Standards, infringe any intellectual property right or other right of any person or entity, threaten the personal safety of users of the website or the public or could create liability for ExcelArts Foundation.
  3. We may disclose your identity or other information about you, subject to applicable laws or any administrative or court orders, to any third party or administrative authority or courts, who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  4. We reserve the rights to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the website.
  5. We reserve sole rights to suspend or restrict or terminate, at our sole discretion, to your access to all or part of the website for any violation of User Policies.
  6. Without limiting the foregoing, we reserves the right to fully cooperate with any law enforcement/administrative authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the website.

J.  Waiver and Indemnification

  1. User agrees to hold harmless and keeps us indemnified from any claims resulting from any action taken by or on our behalf during or as a result of its investigations and from any actions taken as a consequence of investigations by either the organization/such parties or law enforcement/administrative authorities with respect to the User Input, and agree to waive any claims against us resulting from any such actions where the User Input(s)is/are found to be in violation of User Policies.
  2. We do not undertake to review any material before it is posted on the website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party or for performance or non-performance of the activities described in this section.

K.  No Reliance on Information

  1. Information/Intellectual Property presented on or through the website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of any information on the website. Any reliance placed on such information is strictly at the own risk of User. We disclaim all liability and responsibility arising from any reliance placed on such materials by User or any other visitor to the website, or by anyone who may be informed of any of its contents.
  2. This website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Organization, are solely the opinions and the responsibility of the person or entity providing those materials. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

L.  Social Media Linking

  1. User may associate to our homepage at social media sites, provided that such linking and/or use is fair and legal and does not damage, directly or indirectly, our reputation or take advantage, without implying or suggesting any form of association, approval or endorsement on our part without our express written consent.
  2. User may use, including re-sharing or re-distributing, any feature that is made available by us on social media sites, solely with respect to the content and form displayed with and otherwise in accordance with User Policies, or such additional terms and condition as may be specified from time to time.
  3. Any use under this section (Social Media Linking) must explicitly declare, establish and acknowledge that the content and/or Intellectual Property is solely owned by us.
  4. User shall inform about, and cooperate with us regarding identifying and prosecuting any unauthorized use, unauthorized framing or linking.
  5. We reserve sole rights to revoke, suspend, restrict or terminate linking permission without notice.
  6. We may disable all or any social media features and any links at any time without notice at our sole discretion.

M.  Other Website Links

If the website contains links to other sites and resources provided by third parties, these links are provided for User’s convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from User’s use of them. If you decide to access any of the third party websites linked to this website, User shall do so entirely at her/his own risk and subject to the terms and conditions of use for such websites.

N.  No Warranty

  1. User acknowledge and understand that we cannot and do not guarantee that the content or files available for downloading from the internet or the website will be free of viruses or other destructive code. User is solely responsible for implementing sufficient procedures and checks to satisfy particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
  2. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.
  3. User’s use of the website is at his/her own risk, and its content, Intellectual Property and any services or items obtained through the website are provided on an “as is” basis.
  4. We hereby disclaims any warranty, whether express or implied, statutory or otherwise, including but not limited to any warranty of merchantability, non-infringement and fitness for particular purpose, completeness, security, reliability, quality, accuracy or uninterrupted or error-free availability of the website, its content or any services or items obtained through the website, that defects will be corrected, that the our website or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet User’s needs or expectations.

O.  Limitation on Liability

In no event will ExcelArts Foundation, or its employees, members, volunteers, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with User’s use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

P.  Indemnification

User agree to defend, indemnify and hold harmless ExcelArts Foundation, as well as its respective officers, members, volunteers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, investigations, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or User Policies or User’s use of the website, including, but not limited to, your User Inputs, any use of the website’s content, services and products other than as expressly authorized in these Terms of Use or User’s use of any information obtained from the website.

Q.  Dispute Resolution, Governing Law and Jurisdiction

  1. All disputes, controversy or claims arising out of or relating to the present Agreement or the breach, termination or invalidity thereof, the parties shall endeavour to resolve the same in an amicable manner in consonance with the spirit of the transaction recorded in this Agreement. If, however, parties fail to resolve such dispute through discussion as above, the same shall at the request of either party be referred to and shall be settled under the Indian Arbitration Act, 1996 by one arbitrator appointed in accordance with the Act and Rules thereunder. The seat of arbitration will be decided through mutual consent. The language of the arbitration shall be English. Any judgment, decision or award of the Arbitral Tribunal shall be final and binding and shall be enforceable in any court of competent jurisdiction.
  2. All matters relating to the website and these Terms of Use and User Policies and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of India without giving effect to any choice or conflict of law provision or rule (whether of India or any other jurisdiction).

R.  Waiver and Severability

  1. No waiver by ExcelArts Foundation of any term or condition set forth in these Terms of Use or User Policies shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ExcelArts Foundation to assert a right or provision under these Terms of Use or User Policies shall not constitute a waiver of such right or provision.
  2. If any provision of these Terms of Use or User Policies is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use or User Policies will continue in full force and effect.

S.  Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between User and ExcelArts Foundation with respect to the website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the website.

T.  Comments and Feedbacks

This website is operated by the ExcelArts Foundation.

All feedback, comments, requests for technical support and other communications relating to the website should be directed to: vp@excelarts.org

Name: ExcelArts Foundation
Address: Siya Ram Bhavan, Plot No. 10,
Bahadurpur, Kalyanpur,
Lucknow – 226022, UP.
Website: www.excelarts.org
© 2017 ExcelArts Foundation.
All Rights Reserved.