TERMS AND CONDITIONS

Before you begin using the Collective Artists Network website (“Website“), you must read and agree to these Terms and Conditions including the Privacy Policy (“Terms”) for using this Website, ****which is owned and operated by Collective Artists Network India Private Limited (“Company” or “we” or “us” or “our”). By using this Website, you (including the legal guardian/parent of a minor) (“you” or “user“) agree to and shall abide by all of the Terms set forth below which shall be binding on you. By accessing the Website or any part thereof, you are explicitly agreeing to the Terms.

Although we may attempt to notify you when major changes are made to these Terms, you should periodically review the most up-to-date version. We may, in our sole discretion, modify or revise these Terms and policies at any time, and you agree to be bound by such modifications or revisions. In the event you do not agree to any of the Terms mentioned herein, we advise you to stop using this Website.

The Company allows you to access the Website and all contents provided on this Website including all information, software, graphics, function, and other materials are subject to the terms and conditions outlined below. By accessing or using the Website or any part thereof, you are explicitly agreeing to the terms and conditions below. The Company reserves all rights to change, modify, update, or alter these Terms at any point of time with or without notifying you. Your continued use of the Website means that you accept any updated terms and conditions that we come up with. If you do not wish to accept any update to these Terms and Conditions, then you shall immediately stop accessing and/or using the Website. Please re-visit the Terms and Conditions at our Website from time to time to stay abreast of any changes that we may introduce.

SCOPE

Your use of the Website is governed by these Terms, except to the extent that certain terms are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain services and other items provided to you via the Website (“Services”). Any such agreements will accompany the applicable services or are listed in association therewith or via a hyperlink associated therewith (“User Agreement”).

The use of our Website is also governed by our Privacy Policy and the User Agreement. The Privacy Policy covers the use of cookies. The Privacy Policy is incorporated into these Terms and Conditions by reference.

Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Website. We may reverse benefits allocated to you if we reasonably consider the circumstances justify a reversal, for example, if they are allocated to you by mistake or if you accumulated them by misusing the Website or the Services or in a way that is fraudulent, dishonest or otherwise unacceptable. 

USER ELIGIBILITY

As per the Indian Contract Act, 1872, persons who are “competent/capable” of contracting with, shall be eligible to register as a user for the Website. Persons who are minors, un-discharged insolvents etc. are not eligible to register for our Website. As a minor, if you wish to use our Website, such use shall be made available to you by your parent or natural/legal guardian, who have agreed to these Terms. In the event a minor utilizes the Website, it is assumed that they are doing so with the consent of the parent or natural/legal guardian registered with us and such use is made available by the parent or natural/ legal guardian and that due process of Verification (as outlined hereinbelow) has been followed. We will not be responsible for any consequence that arises as a result of misuse of any kind of our Website or any of the Services and/or products that may occur by virtue of any person including a minor who may have fraudulently registered for the Website. By using the Services, you warrant that all the personal data and information provided by you is accurate and complete and that the minor child using the Website has obtained the consent of parent or natural/legal guardian (in case of minors). Any persons under the age of 18 (eighteen) should seek the consent of their parents or natural/legal guardians before providing any information about themselves, their parents and/or other family members on the Website.

We reserve your right to use/access the Website and its Services and / or refuse to provide you with access to the Services if it is discovered that you are under the age of 18 (eighteen) years and the consent to use the Services is not made by your parent or natural/legal guardian or any information provided by you is inaccurate.

You acknowledge that the Company does not have the responsibility to ensure that you conform to the aforesaid eligibility criteria except for following due security process at time of Verification. It shall be your sole responsibility to ensure that you meet the required qualification. If you do not qualify, you are not permitted to use the Website.

ACCOUNT SECURITY

When you enter the Website you agree to provide us with personal data and sensitive personal data. You shall be solely responsible for keeping your account and be responsible for all the transactions and activity on your account. We assume no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent, or third-party links, or because of any disclosure made by you. You agree to strictly abide by all our mechanisms and procedures regarding security, authentication, sending, receiving, and withdrawing.

VERIFICATION

You agree to provide us with the information we request for the purpose of identity verification and KYC (Know Your Customer) at any stage that we may request for. You permit us to keep a record of such information. The information we request may include certain personal information such as your name, address, mobile number, email address, parent’s/guardian’s name, government identification number, and information regarding your bank account and debit/credit card number, or any other information which we are required to obtain as per our policies, requests from authorities or pursuant to legal & regulatory mandates. In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic.

INTELLECTUAL PROPERTY

All the content and information provided on the Website in any form and capable of being stored on a computer or mobile device that appears on, or forms part of, including any trademarks, information related to any Services, contact details, graphics, functions and other materials available, whether publicly posted or privately transmitted as well as all derivative works thereof; including the Website’s design structure and compilation and all content such as text, images, audio, video, scripts, code, documents, databases, all types of learning tools, facts, the mascot and the source code managed and operated by the Company and/or any student participating or organizing an Activity in their respective institution (“Content“), belongs to the Company or its content partners or licensors.

The Company shall not be liable for any Content posted by a student which does not conform with the templates provided by the Company to operate any account on social media using their logos.

The Company or its partners/licensors own all intellectual property rights (including copyright and database rights) in the Content and the Website. You agree to abide by the copyright law and all other applicable laws of India and acknowledge that the Website and the Content in source code form remains a confidential trade secret of the Company, therefore, you agree not to modify the Website and/or Content or attempt to decipher, decompile, disassemble or reverse engineer the Website and/or the Content, except to the extent applicable laws specifically prohibit such restriction.

You may retrieve and view the Content on a computer screen, PDA or mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk or your computer (but not on any server or other storage device connected to a network) for your personal, non-commercial use only.

You shall not use the Website for any unlawful purpose.

Except as indicated above, you shall not reproduce, publish, broadcast, transmit, modify, adapt, create derivative works of, store, archive or in any way commercially exploit any of the Content/Website. Without limitation, you shall not do any of the following without prior written permission from us (and neither shall you allow a third party to do any of the same):

• Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, you may not copy or distribute the posts or contents of other users of the Website;
• Violate the intellectual property or other rights of the Company, including, without limitation, (i) copying or distributing our Content or (ii) copying or distributing our technology, unless it is released under open-source licenses; (iii) using any of our trademark, tradename, and logos and any associated trademarks hereof in any business name, email, or URL whether managed by the Company and/or any person, student managing and operating the Content/Website on any social media platform with the prior consent of the Company;
• Create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content/Website details;
• Deep-link to, frame, spider, harvest or scrape the Content/Website or otherwise copy profiles and other data from the Content or otherwise access the Content/Website for similar purposes;
• Use any machine, electronic, web-based or similar device to read or extract the Website by automated techniques; or
• Use the Website in a searchable, machine-readable database.
• Violate any guidelines and regulations applicable to the jurisdiction of the User.
• Use the Services on behalf of any third-party or otherwise act as an intermediary between the Website/the Company and any third parties;
• Defame, harass, or violate the privacy of any individual or infringe the intellectual property rights of the Company or make derogatory statements that harm the reputation of the Website/Company.

The Website is the valuable, exclusive property of the Company, and nothing therein shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. All content in the Website is the proprietary, confidential property of the Company and cannot be repeated for any reason outside the Website, without our prior consent of the Company. You agree not to repeat or rebroadcast in any way any of the Content for any reason whatsoever. You agree that if you do repeat or re-post any of the Content by any means, you will be exclusively liable under criminal law and shall also be liable for actual and punitive damages as determined by the Company and additional damages to be determined by a court of law.

You shall not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store, monetize or time-share the Website, any part thereof, or any of the Content and related data received or accessed therefrom to or through any other person or entity unless separately and specifically authorized in writing by the Company prior to such act. In addition, you shall not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Website without prior written authorization.

RESTRICTIONS AND PERMISSIONS ON USE

In addition to other restrictions set forth in these Terms, you agree that:

• You will not violate the Community Guidelines;
• You will not place false or misleading information on the Website;
• You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by us;
• You will not host, display, upload, modify, publish, transmit, store, update or share any information that belongs to another person and to which you do not have any right;
• You shall not disguise the origin of information transmitted through the Website or disclose any information that you do not have the consent to disclose;
• You will not input or upload to the Website any information that may contain viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate the Website or the Content or that infringes the intellectual property rights of another;
• You will not copy, use, disclose or distribute any information obtained from the Content, whether directly or through third parties (such as search engines), without the consent of the Company;
• You will not imply or state that you are affiliated with or endorsed by the Company without our express consent;
• You will not use bots or other automated methods to access the Content, add or download contacts, send or redirect messages;
• You will not monitor the Content availability, performance or functionality for any competitive purpose;
• You will not engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Content;
• You will comply with all applicable laws related to your use and access of the Website and the Content;
• You will use the Content in a professional and responsible manner;
• You expressly undertake not to host, display, upload, modify, publish, transmit, update or share any information that is (i) grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (ii) harms minors in any way; (iii) impersonates another person; (iv) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation; (v) infringes any patent, trademark, copyright or other proprietary rights; (vi) deceives or misleads the Website about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; (vii) impersonates another person; (viii) of any cognisable offence or prevents investigation of any offence or is insulting other nation; (ix). Is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

THIRD PARTY SERVICES

You acknowledge that the Website will enable or assist you to access, interact with, and/or purchase products and services from several supported platforms, brands and other third parties via third-party websites or applications links (collectively, “Third-Party Services”). Such Third-Party Services are not under the control of the Company.

We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services and are not responsible for any Third-Party Services. You use all Third-Party Services at your own risk and should apply a suitable level of caution and discretion in doing so. Any use of Third-Party Services is governed solely by the terms and conditions of such Third-Party Services and any contract entered into, or any transaction completed via any Third-Party Services, is between you and the relevant third party.

You shall comply in all respects with all applicable terms of the Third-Party Services that you access or subscribe to. If at any time any Third-Party Services cease to make their programs available to us on reasonable terms, we may cease to provide such features to you without entitling you to refund, credit, or other compensation. Additionally, your dealings with or participation in promotions and deals of advertisers and partnered brands found on our Website, including payment and delivery of goods and services, and any other terms (such as warranties) are solely between you and such advertisers and partnered brands. You agree that the Company will not be responsible for any loss or damage of any sort relating to your dealings with such advertisers and partnered brands.

CONTENT REVIEW

You acknowledge that, in order to ensure compliance with legal obligations and with the Terms, the Company may be required to review certain User generated Content submitted by you to the Website. You acknowledge that such Content review may happen at two levels, one – automatically by our content filtering mechanism which can flag text content submitted by you if it violates any of the terms and conditions of this Website or any of the applicable laws, and two – by the actions of other users who may report such content to our content moderation team who then acts upon it in accordance with the content regulation policy followed by the content moderation team. When our Content filtering mechanism detects or flags off any User generated Content, then our content moderator may modify, prevent access to, delete, or refuse to display content display such content that we believe violates the applicable laws or these terms and conditions.

Content Removal, Limitation, Suspension, and Termination of user account

We can remove any Content or information you share on the Website or community (“User Generated Content”), if we believe that it violates these Terms or when we are permitted to do so by any applicable law. Occasionally situations arise where we may need to limit, suspend, or terminate your account. Account limitation results in a temporary or permanent loss of access to a certain specific part or parts of the Services we offer. Account suspension results in a temporary loss of access to most parts of the Services we offer. Account termination results in permanent loss of access to all Services. As a result of limitation, suspension, or termination, solely on our discretion, we may restrict your entitlement to receive the Award Amount.

We may also remove any User Generated Content when:

• We receive any notification generated by any other user in respect of User Generated Content provided by you, and upon receipt of which, our content moderation team reviews and decides that it is in violation of these terms and conditions. We shall remove any User Generated Content that violates the applicable laws or any of these terms and conditions within 3 (three) business days from the receipt of such a report;
• We receive any notification generated by any other user in respect of your use of the Website or your activity conducted on the Application being malicious, abusive, harmful or offensive or violative of these terms and conditions in any manner;
• We have the right to limit, suspend, or terminate your account or access to the Services that we provide if:
• We have a reason to believe that you have acted in violation of these Terms or applicable laws or regulations or if we have a reason to believe that any content or material submitted or shared by you in or through the Services violates these Terms or applicable laws or regulations or third-party rights;
• We suspect that you use the Services to engage in, attempt to engage in, or in connection with fraudulent activity, money laundering, terrorist financing or other crime;
• We have not been able to verify your identity or we have reason to believe that you have supplied false, misleading or deceptive information in connection with your registration, identity verification, trades or any other use of our Services, either to us or to another user;
• We are required to do so under any applicable law, regulation or an order issued by an authority or court;
• We receive any notification generated by any other user in respect of your use of the Website or your activity conducted on the Website being malicious, abusive, harmful or offensive or violative of these terms and conditions in any manner, pursuant to which the content moderation team may limit or terminate your access to the Website, without any right of appeal;
• You make available content or behave in a way that defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or is offensive; and
• If you use the services in a manner which may cause the Services to be interrupted or damaged in such a way that the functionality of the Services is in any way impaired or attempt to bypass or break any security mechanism of the Services or if the Company believes in good faith that such action is reasonably necessary to protect the security of its Services or its property or brand or the security, property and rights of its users or those of third parties; or
• Attempt any unauthorized access to user accounts or any part or component of the Service.

We will give you a notice of any limitation, suspension, or termination of your account but we may, if it is reasonable to do so (for example we consider it advisable for security reasons), limit, suspend, or terminate your account without prior notice to you.

You acknowledge that our decision to limit, suspend, or terminate your account, may be based on confidential criteria that are essential to our risk management and security protocols and that we are under no obligation to disclose the details of our risk management and security procedures to you unless otherwise provided by the Privacy Policy. In the event that we limit, suspend or terminate your account we will lift the suspension as soon as possible once the reasons for the suspension or termination no longer exist. We shall restrict and block your option to operate the function on the Website with respect to payment of the Award Amount until such time your account is under suspension. Once the suspension is lifted, you shall be able to access the payment option on the Website.