You grant Artpic a worldwide, non-exclusive right to use your name, display name and Content in connection with Artpic marketing and promotional activities without the payment of any compensation to you. Artpic, in the exercise of its discretion, may refrain from any or all of the foregoing without any liability to you. Artpic shall have the right, but not the obligation, to license all Content through any of Artpic’s brands and platforms to its customers for use in perpetuity in accordance with license agreements entered into by Artpic, including but not limited to Artpic.
Terms of Service License Agreements (collectively, "Licenses"). Artpic has the right to refuse to accept or to remove Content from the Artpic Websites for any reason. Artpic will remove Content if Artpic believes that such Content may (in Artpic's sole discretion) subject Artpic or any of its officers, managers, directors or employees to legal action or if the Content violates the Terms Of Service. Notwithstanding the foregoing and subject to Artpic discretion, Content removed by you or opted out by you for any reason may be available for license to those customers that previously downloaded "comp" versions of the removed Content. Artpic shall use reasonable efforts to cause Content removed from or opted out from Artpic Websites to be removed from the websites of any Artpic affiliates or partners (including co-branded websites) within ninety (90) days of the removal of the subject Content from the Artpic Websites.
We will not license your content in a way that is pornographic, defamatory, deceptive, or in a way that is considered libelous, obscene, or illegal.
Artpic may recoup royalties paid to you in connection with refunds issued by Artpic by deducting applicable royalties credited to your account. If Artpic makes an overpayment of royalties or other compensation to you for any reason, Artpic shall have the right to deduct the amount of such overpayment from your accrued royalties or to demand the immediate repayment of such overpaid royalties or other compensation. Royalty payments based on a percentage of sales price will be based on the sales price actually received by Artpic and calculated after making any necessary deductions for any refunds, cancellations, previous overpayments, and any taxes, levies, imposts, duties, currency exchange costs, or other similar charges that are imposed on the payments received by Artpic. If any law, government ruling or any other restriction affects the amount of the payments which Artpic licensee can remit to Artpic, Artpic may deduct from Contributor's royalties an amount proportionate to the reduction in such licensee's remittances to Artpic.All rights in and to Artpic Trademarks not expressly granted to you hereunder are reserved by Artpic.
For the purposes of the Terms Of Service, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Artpic. Nothing contained herein grants or shall be construed to grant you any rights to use any Artpic Trademarks. You agree that you will not use Artpic Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Artpic. Nor will you contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Artpic Trademarks or the Trademark rights claimed by Artpic. You agree that you will not use any Artpic Trademarks or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, as part of a blog name or social media handle or channel, or as a metatag, keyword, or any other type of programming code or data. You may not at any time, adopt or use, without Artpic prior written consent any word or mark which is similar to or likely to be confused with Artpic Trademarks.
YOU AND ARTPIC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Artpic agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and Artpic acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes under this Terms Of Service.
The Terms Of Service contains the entire understanding of the parties with respect to the subject matter covered herein and supersede any prior agreements with respect to such subject matter. The validity, interpretation and enforcement of the Terms Of Service, matters arising out of or related to the Terms Of Service or its making, performance or breach, and related matters shall be governed by the internal laws of the State of Maharashtra (without reference to choice of law doctrine). Any legal action or proceeding concerning the validity, interpretation and enforcement of the Terms Of Service, matters arising out of or related to this Terms Of Service or its making, performance or breach, or related matters shall be brought exclusively in the courts of Maharashtra State, India.
If any individual term of the Terms Of Service is found to be invalid or unenforceable by any legal or regulatory body of competent jurisdiction, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of the Terms Of Service, so that the Terms Of Service shall otherwise remain in full force and effect. The Terms Of Service shall be binding upon and shall inure to the benefit of each party and their respective legal representatives, successors in interest and permitted assigns.
Artpic will not be liable for any damages, including actual, indirect, special, or consequential damages arising from the submission or use of your Content or the termination of your Account. Please note that Artpic reserves the right to modify these terms at any time in its sole discretion. Artpic will notify you of any such change by an announcement on this page, your login page, and/or by other means to provide you the opportunity to review the modifications before they become effective. Modifications to these Terms Of Service will not apply retroactively. By continuing to make Content available through Artpic, you agree to be bound by all such changes. If you do not agree with any of the changes, please remove from Artpic, pursuant to the terms herein, all or that portion of your Content to which you do not wish the changes to apply.
In the event that you breach any of the terms of this or any other agreement with Artpic, Artpic shall have the right to terminate your account without further notice, in addition to Artpic other rights at law and/or equity.
It is expressly understood and agreed that this Terms Of Service is entered into solely for the mutual benefit of the parties herein and that no benefits, rights, duties, or obligations are intended by this Terms Of Service as to third parties.
It is expected that the contributors should only upload legitimate content that they have produced themselves. Faking other content as your own is liable to be punished maximum under Indian Penal Code. Such users account would be terminated without further notice and all outstanding payments would cease to exist (null and not payable).