These terms and conditions form a legally binding agreement (“Agreement”) between the visitors to this website hereinafter referred to as “Users”, Individuals or organisations who provide us with details of their upcoming Festivals hereinafter referred to as “Festival Organisers” and ARTBRAMHA CONSULTING LLP and/or its subsidiaries and affiliates hereinafter referred to as “FFI”, “we”, “us”, “our” are the owners of this website. This Agreement shall govern the use of the website www.festivalsfromindia.com (referred to as “Website”).
Hereinafter, all the three parts are collectively referred to as Parties.
- This Agreement is divided into three parts namely Part A for Users, Part B for Festival Organisers, and Common Provisions applicable to both Users and Festival Organisers.
- This Agreement includes rights, obligations and restrictions regarding the User’s and Festival Organiser’s use of the Website, hence should be read carefully. If the Users and Festival Organisers do not agree with the Terms and Conditions of this Agreement, they should leave the Website and discontinue use of the same immediately. Users and Festival Organisers agree and acknowledge that such discontinuance of access to and use of the Website and the services provided hereunder will render the Terms & Conditions inapplicable from such date of discontinuance only. However this Agreement will remain applicable to all instances of User’s and Festival Organiser’s use of the Website and the services provided hereunder prior to such date of discontinuance.
- By browsing our Website, and/or registering with the same, Users and Festival Organisers are complying with all our Terms & Conditions and clauses mentioned hereinafter.
- We hereby reserve the right to modify, add or delete any part of this Agreement without any prior written notice/intimation to Users and Festival Organisers. It shall be the User’s and Festival Organiser’s sole responsibility to periodically review this Agreement and all other applicable policies published on the Website, for any revisions thereto.
- We work with third parties, and in case of any conflict arising between the third-party terms and conditions and this Agreement, Users and Festival Organisers agree that this Agreement shall always prevail and be binding.
- Scope of Services
The purpose of the Website is to create a platform which will provide the Users with an opportunity to know about thousands of art and cultural festivals being organised across India, the complete details of which shall be made available to the Users on our Website. On account of the nature of the Internet, this Website and the Services available in it, may also be accessed in various geographical locations, and the Users hereby agree and acknowledge that the Users accessing this Website and availing the Services, are at their own risk, choice and initiative and Users agree and undertake to ensure that User’s use of the Website and the Services complies with all applicable laws including the local laws in the User’s jurisdiction. Furthermore, such Services and content may vary from place to place, time to time and device to device and would be subject to various parameters such as specifications, device, Internet availability and speed, bandwidth, etc.
- Eligibility to use
We render the use of the Website void where prohibited. When Users access our Website, they:
- represent and warrant that they have the right, authority, and capacity to enter into and to fully abide by all of the terms and conditions of this Agreement, as far as age, jurisdiction, laws of land, etc. are concerned and
- agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding User’s use of the Website.
- Users must be at least eighteen (18) years of age or above and capable of entering, performing and adhering to these terms. While individuals under the age of 18 may utilize/browse the Website, they shall do so only with the involvement, guidance and supervision of their parents and / or legal guardians, under such parent /legal guardian’s registered account. We reserve the right to terminate User’s access and refuse to provide Users with access to the Website if we discover that such User is under the age of 18 years.
- No Warranty
By using the Website, Users hereby acknowledge and agree that FFI is not liable for truthfulness of the information provided by the Festival Organisers. FFI disclaims any and all liabilities in this regard. FFI and its employees shall NOT be responsible for conflicts between the Users and the Festival Organisers or their Employees/authorised representatives/industry professionals/third parties.
- Usage terms
- The information, materials, services available on the Website may inadvertently include inaccuracies, typographical errors, and/or outdated information, FFI is not responsible for and shall not be bound to honor typographical or pricing errors on the Website. FFI reserves the right to refuse or cancel requests at any time, including but not limited to the requests in which FFI believes the User has violated the applicable laws or these terms, any requests received by FFI, that FFI believes are harmful to FFI or requests that FFI believes are fraudulent or based on illegal, fraudulent or deceitful use/furnishing of information.
- FFI neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. FFI expressly disclaims any warranties whether express or implied about the accuracy, completeness, correctness, suitability, reliability, availability, timeliness, quality, continuity, performance, error free or uninterrupted operation/functioning, fitness for a particular purpose, workmanlike effort, non-infringement, lack of viruses or other harmful components of the services and/or products.
- FFI shall not be responsible for the delay or inability to use the Website’s unrelated functionalities, the provision of or failure to provide functionalities, or for any information, software, services, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise.
- Further, FFI shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond FFI’s control. FFI accepts no liability for any errors or omissions, with respect to any information provided to the User.
- Prohibited Content:
As a pre-condition of use of the Website, Users warrant to FFI that Users shall not use this Website for any purpose that is unlawful, unauthorized, or inconsistent with these terms and conditions, and the User agrees that the license to use this Website will terminate immediately upon the User’s violation of this warranty. FFI reserves the right, at its sole discretion, to block/terminate User’s access to this Website and its content at any time, with or without notice.
- Prohibited Activity:
The Users are prohibited from engaging in the following activities:
- To systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from FFI.
- Make any unauthorized use of the Website, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein.
- Engage in unauthorized framing of or linking to the Website.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.
- Attempt to impersonate another user or person or use the username of another user.
- Sell or otherwise transfer User’s profile.
- Use any information obtained from the Website in order to harass, abuse, or harm another person.
- Use the Website as part of any effort to compete with us or otherwise use the Website and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website.
- Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorized script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website.
- Use the Website in a manner inconsistent with any applicable laws or regulations.
When Users use the Website, they agree and understand that they are communicating with FFI through electronic records and they consent to receive communications via electronic records from FFI periodically and as and when required. FFI may communicate with them by email or by such other modes of communication, electronic or otherwise. Users specifically agree that FFI shall not be responsible for unauthorized access to or alteration of User’s transmissions or data, any material or data sent or received or not sent or received. Further, FFI will make best efforts to safeguard the confidentiality of User’s personally identifiable information available with it, but transmissions made by means of the internet cannot be guaranteed or made absolutely secure. By using this Website, Users agree that FFI shall not be liable for disclosure of User’s information due to errors in transmission or unauthorized acts of third parties. Without prejudice to the foregoing Users agree that FFI shall not be held liable or responsible for ‘phishing’ attacks. User’s may accept or decline the cookies when Users access the Website. It is the User’s responsibility to set their browser to alert them to accept or to reject cookies.
- Third Party Links
This Website may at FFI’s sole discretion, contain links to Websites owned and maintained by persons or entities other than FFI. Any of the foregoing links do not constitute an endorsement by FFI of any such sites and are provided only as a convenience. FFI is not responsible for the content or links displayed on such sites. FFI is not responsible for the privacy practices of such sites which FFI does not own, manage or control. FFI does not regularly review, and makes no warranty or representation regarding materials posted, or services offered, on the sites to which this Website may be linked and FFI shall not be responsible for any deficiency thereof. FFI does not endorse any or all of the materials, Services, and services available on such linked sites, and FFI expressly disclaims responsibility for the contents of any linked site(s), the accuracy of any information contained in a linked site(s), and the quality of the services offered at any linked site(s). Any decision to view the contents of any linked site(s) is solely the responsibility of User and is made at User’s own risk.
- Intellectual Property
Website and the content posted herein which shall include without limitation pictures, branding, text, graphics, designs, brand logos, audio, video, interfaces and /or any other information, or the overall arrangement of content is protected and is owned, controlled or licensed by or to FFI; all comments, feedback, ideas, suggestions, information or any other content provided by the User (hereinafter referred to as “FFI IP”). Users may not modify, publish, copy, transmit, transfer, sell, reproduce, modify, create derivative works from, license, distribute, frame, hyperlink, download, repost, perform, translate, mirror, display or commercially exploit FFI IP in any other way.
The User agrees that any feedback, comments, ideas, suggestions, information, or any other content which User contributes to FFI or Website (including the name Users submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for FFI to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and Users waive any claim to the contrary. The User represents and warrants that User owns or otherwise controls all of the rights to the content that they may contribute to this Website and that use of their content by FFI shall not infringe upon or violate the rights of any third party.
Without prejudice to and in addition to any other remedies, reliefs or legal resources available to FFI herein or any applicable laws or otherwise, User agrees to indemnify, defend and hold FFI harmless including but not limited to its affiliate, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by FFI that arise out of or related to User’s use or misuse of the of the Website, any violation by Users of these terms and conditions, or any breach of representations, warranties and covenants made by Users herein.
- Limitation of Liability
FFI shall not be liable for any damages of any kind whatsoever including but not limited to direct, indirect, incidental, punitive, exemplary and consequential damages, damages for loss of use, data or profits, or other intangible losses, which may arise or are arising from the use of this Website or any of the information, software, services and related graphics contained within the Website or any of the Services offered, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise, and even if FFI has been advised of the possibility of damages.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR ELSEWHERE, FFI’S ENTIRE LIABILITY TO THE USER FOR ANY CLAIM ARISING OUT OF AVAILING FFI’S BROWSING THE WEBSITE SHALL BE LIMITED TO THE AMOUNT EQUIVALENT TO THE PRICE PAID FOR THE PRODUCT AND SERVICES GIVING RISE TO SUCH CLAIM.
Users agree to indemnify and hold harmless FFI, and any parent, subsidiary, and affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner and operator, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of User’s use of the Website in violation of this Agreement and/or arising from:
- User’s use of and access to the Website;
- User’s violation of any term of this Agreement;
- User’s violation of any third party right, including without limitation any copyright, property, or privacy right; or
- Any claim that User’s Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and User’s use of the Website.
- Festival Organisers hereby warrant that:
As a pre-condition of use of the Website, Festival Organisers warrant to FFI that they shall not use this Website for any purpose that is unlawful, unauthorized, or inconsistent with these terms, and the Festival Organisers agrees that this license to use Website will terminate immediately upon their violation of this warranty. FFI reserves the right, at its sole discretion, to block/terminate Festival Organiser’s access to this Website and its content at any time, with or without notice. The Festival Organisers agree, acknowledge, confirm and undertake that the data, information provided by them:
- shall not be false, inaccurate, misleading or incomplete; or
- shall not be fraudulent or involve the use of counterfeit or stolen credit cards; or
- shall not infringe any third party’s intellectual property, trade secret or other proprietary rights or rights of publicity or privacy; or
- shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; or
- shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines or executable files that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information of any person whatsoever; or
- shall not create liability for FFI or cause FFI to lose (in whole or in part) the services of FFI’s ISPs or other service providers/suppliers.
- If the Festival Organisers contravenes the foregoing or FFI has reasonable grounds to suspect that the Festival Organisers has contravened the foregoing, FFI has the right to indefinitely deny or terminate Festival Organiser ‘s access to the Website and to refuse to honor the Festival Organiser ‘s request(s).
- Also, the Festival Organisers have all the necessary rights and permissions to share all the above-mentioned information related to such Festival
- Intellectual Property rights of Festival Organisers:
- The Festival Organisers hereby grants a non-exclusive, irrevocable and perpetual license to FFI with regards to intellectual properties related to the Festivals include but shall not be limited to pictures, branding, text, graphics, designs, brand logos, audio, video, interfaces and /or any other information, or the overall arrangement of such content.
- The Festival Organiser completely understands and acknowledges that they cannot make any representations or claims with regards to the placement, arrangements and usage of such intellectual property on the website of FFI and hereby waives all rights to raise a dispute with regards to the usage of such Intellectual Property by FFI on its website.
- Indemnification by Festival Organisers:
Without prejudice to and in addition to any other remedies, reliefs or legal resources available to FFI herein or any applicable laws or otherwise, Festival Organisers agrees to indemnify, defend and hold FFI harmless including but not limited to its affiliate, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by FFI that arise out of or related to Festival Organiser’s use or misuse of the of the Website, any violation by Festival Organisers of these terms and conditions, or any breach of representations, warranties and covenants made by Festival Organisers herein.
- Guidelines for registering a Festival for Festival Organisers:
- Festival Organisers applying for the first time shall be responsible for filling up of the Form 1 wherein the Basic Details of the festival shall be provided by the Organiser.
- Festival Organisers applying for the first time shall be responsible for accepting and adhering to these Terms and Conditions, failing which no further request for festival registration shall be entertained.
- In case the Festival does not have a sub-festival, the Form 2 shall be mailed to the Festival organisers by FFI. The Festival Organisers then shall be responsible for handing over the filled-up form to FFI.
- If the Festival Organiser wishes to edit a festival/sub-festival, they are required to send an email to FFI from their registered email ID which is in the database of FFI based upon the Forms the Festival Organiser had filled up with the required changes, after which the changes to festival/sub-festival will be made manually by FFI.
- If the Festival Organiser wishes to upload a festival/sub-festival, the following procedure needs to be followed:
1) In case of a New Festival Organiser:
(i) The Festival Organiser shall fill Form 1, the basic details of which are mentioned in the website. If the terms and conditions mentioned therein are not agreed to, the process halts.
(ii) After agreeing to the terms and conditions, FFI shall verify the authenticity of the Festival. If this first level of verification is successful, FFI shall verify factual accuracy of information. If the first level of verification fails, the FFI shall request to the Festival Organiser for new information
(iii) If the second level of verification by FFI is successful, an automated confirmation email will be sent to the Festival Organiser and the content will be verified with regards to FFI guidelines. This is the final level of verification. If the second level of verification fails, the Festival Organiser shall revert to FFI with new information. (iv) After the final verification, an email with request for information for festival listing on the portal and for marketing and publicity will be sent to the Festival Organiser. (v) If it is a sub-festival, FFI shall manually link the sub-festival to the main festival. If it is not a sub-festival, the Festival shall be published on the FFI website using details from the submitted form.
2) In case of an old Festival Organiser:
(i)Festival Organiser shall fill Form 1, the basic details of which are mentioned in the website. Festival Organiser then shall mark the required checkbox which states that they organise multiple festivals in the form. This will cause the organiser details to be auto suggested on typing the organiser name. (ii) If it is a sub-festival, the Festival Organiser shall mark the sub-festival checkbox in form and fill in the name of the associated main festival. An email containing Form 2 will be sent to the organiser.
(iii) If it is not a sub-festival, an email containing Form 2 will be sent to the Festival Organiser.
(iv) The organiser can choose to fill the form immediately or later, the additional details for which are included in the website.
(v) After filling Form 2, FFI shall verify factual accuracy of information and if required make necessary textual and grammatical changes to the information. If this verification is successful, an automated confirmation email will be sent to the Organiser and the content will be verified with regards to FFI guidelines.
(vi) After the final verification, an email with request for information for festival listing on the portal and for marketing and publicity will be sent to the Festival Organiser. (vii) If it is a sub-festival, FFI shall manually link the sub-festival to the main festival. If it is not a sub-festival, the Festival shall be published on the FFI website using details from the submitted form.
- If the Festival Organiser wishes to upload a job, opportunity, funding call or a volunteer opportunity, the following procedure needs to be followed:
(i) The Festival Organiser shall fill up the FORM 3 – “List an opportunity”, the basic details of which are mentioned in the website. If the terms and conditions mentioned therein are not agreed to, the process halts.
(ii) The feature of uploading for a job, opportunity, funding call or a volunteer opportunity is a paid service and the Festival Organiser shall be liable to pay for such services.
(iii) The form shall be verified by FFI team and upon successful verification the Festival organiser shall communicate the payment link to the Festival Organsier.
(iii)Upon successful payment, FFI shall send the Festival Organiser a confirmation email, followed up with the listing of the opportunity on the Website.
- Disclaimer of Warranty
- Governing Law and Jurisdiction: This Agreement, and all transactions entered into or through Website shall be interpreted, construed and governed by the laws of India which shall be applicable to this Agreement without regard to principles of conflict of laws. Users agrees that all claims, differences and disputes arising under or in connection with or in relation here to the Website, the terms or any transactions entered into on or through the Website or the relationship between Users or Festival Organisers and FFI shall be subject to the exclusive jurisdiction of the courts at Mumbai and Users or Festival Organisers hereby accede to and accept the jurisdiction of such courts.
- No Waiver: Any failure, delay or forbearance on the part of FFI in:
exercising any right, power or privilege under this Agreement; or enforcing terms of this Agreement, shall not operate as a waiver thereof, nor shall any single or partial exercise by FFI of any right, power or privilege preclude any other future exercise or enforcement thereof.
- Severability: The Parties hereto agree that each of the provisions contained in this Agreement shall be severable, and the unenforceability of one or more provisions of this Agreement shall not affect the enforceability of any other provision(s) or of the remainder of this Agreement.
- Special Admonitions for International Use: Recognizing the global nature of the Internet, Users and Festival Organisers agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, they agree to comply with all applicable laws regarding the transmission of technical data exported from India or the country in which they reside.
- Force Majeure
FFI shall not be liable for any failure or delay in the performance of this Agreement, if the same is attributable to a Force Majeure event. A “Force Majeure Event” shall mean any event that is beyond our reasonable control and shall include, without limitation, sabotage, fire, flood, explosions, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security, encryption, etc.
- Changes to This Terms and Conditions
We may update our Terms and Conditions from time to time. Thus, Users and Festival Organisers are advised to review this page periodically for any changes. We will notify Users and Festival Organisers of any changes by posting the new Terms and Conditions on this page.
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