House Of Creativity LLP (“Owner”) alongwith its team, employees, associates, affiliates, licensors, agents, service providers, third party partners or sponsors (hereinafter collectively referred to as “Team/We”) are pleased that you are visiting this website i.e. www.houseofcreativity.in (“Website / House Of Creativity”) and We are pleased to provide the information on this server.

House of Creativity is a platform for owners / third-party sellers for selling their artworks including photographs, paintings and digital paintings (“Products”).

Legal Disclaimer: The Website and its software / technology alongwith all content, information, services, text, audio, video or pictures/, messages (such as captions, mails, posting of answers), notifications, applications, dashboards, alerts, widgets, hyperlinks, public notices, advertisements, materials and any other user generated content (“Content”) on the Website is provided on an “AS IS” or “AS AVAILABLE” basis. We do not fully control or vet user generated Content for accuracy. The Content includes both content owned or controlled by the Owner and his Team and content owned or controlled by third parties and licensed to the Owner and his Team. We do not claim legality or originality of the Products made available for sale on the Website by third party sellers. Therefore, any Content, Products, services, or technology described, provided or used on our Website may be subject to copyright, intellectual property rights owned by third parties.

We are not responsible and make no representations and warranties (express or implied), for the delivery and/or transmission of the Content or Products sold/sent through the Website to anyone. To the fullest extent permissible under applicable laws, We, our sponsors, affiliates, etc., disclaim any and all implied liabilities, warranties and representations, etc., of merchantability and fitness for a particular purpose, title, accuracy of data, and non-infringement. In addition, We neither warrant nor represent that your use of the services of the Website will not infringe the rights, copyrights, intellectual property rights of third parties.

We endeavor to keep the information up to date and correct. However, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the Content, Products, services, or related graphics contained on the Website for any purpose and we assume no liability in respect thereof. Any reliance you place on such information is therefore strictly at your own risk.

We do not have any obligation to verify the identity of the persons subscribing to our services, nor do We have any obligations to monitor the use of our services by other users of the community; therefore, We disclaim all liabilities for identity theft or any other misuse of your identity or information by others.

We do not guarantee that the services we provide on the Website will function without interruption or errors in functioning. In particular, the operation of the services may be interrupted due to maintenance, updates or systems or network failures. We disclaim all liability for damages caused by any such interruption or errors in functioning. Furthermore, We disclaim all liability for any malfunctioning impossibility of access, or poor conditions of the Website due to inappropriate equipments, disturbances, related to internet service providers, to the saturation of the internet network, and for any other reason.

Content Filtering: We shall on regular basis, verify and filter the Content posted on our Website by you/ user including your House of Creativity account and also reserve the right to delete / remove the Content from the Website (in addition to the closure of the House of Creativity account), if the Content is found unsuitable or obscene, defamatory, offensive and/or infringing any third party copyright, without any further intimation / notice to you/ user. The user of the Website hereby disclaims us in case of the deletion / removal of such Content from the Website and we assume no liability in respect of the same.

Closure of the account: We reserve the right to filter / close your House Of Creativity account and/or immediately stop / restrict your access to the Website by blocking / deleting your House Of Creativity account (either temporarily or permanently), at our sole discretion, without any further notice or intimation to you, in respect of the following and you hereby disclaim us in respect of the same:

1. creation of any fake accounts;
2. your illegal and unauthorized conduct;
3. user submissions or Content which are obscene, defamatory and/or offensive;
4. user submissions that are objectionable and for which complaints has been received by Us; and/or
5. user submissions or Content that infringe any third party’s intellectual property rights, copyrights, etc.

If you are dissatisfied or harmed by the Website or anything related to Website, you may close your account and terminate this agreement and such termination shall be your sole and exclusive remedy.

Links of other sites from the Website: Inclusion of any linked website/ hyperlink on the Website does not imply approval or endorsement of the linked website / hyperlink by Website. We take no responsibility for third party advertisements, hyperlinks or any other links, which are posted on the Website, nor do we take any responsibility for the goods or services provided by its advertisers as well as resultant services of endorsed initiatives.

Limitation of Liability: The user of the Website disclaims to the fullest extent permitted by law, House Of Creativity LLP and its Team, of all warranties, express or implied, in connection with the Website and your use thereof. You specifically acknowledge House Of Creativity LLP and its Team shall not be liable for (i) removal of the Content from the Website while Content Filtering; and (ii) Closure of the House of Creativity account (as mentioned aforesaid); and that the risk of harm or damage from the foregoing rests entirely with you/ user.

In no event shall House Of Creativity LLP and its Team, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:

1. errors, mistakes, or inaccuracies of Content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, downloaded, or any Product sold or purchased or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory;
2. error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or member communication;
3. Content Filtering & Closure of House of Creativity account (as mentioned hereinabove);
4. any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on any of the website, its services or combination thereof;
5. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website;
6. conduct, whether online or offline, of any user of the Website’s services and/or endorsed initiatives on the Website;
7. any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; and/or
8. any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Website by any third party.

Other Jurisdictions: The Website is controlled and offered by House Of Creativity LLP and its Team from their facilities in India. House Of Creativity LLP and its Team make no representations that the Website is appropriate or available for use in other locations / jurisdictions. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with applicable laws of such other jurisdictions.

Indemnity: You agree to defend, indemnify and hold harmless House Of Creativity LLP and its Team, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website and for the foregoing; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party; and/or (v) Content Filtering & Closure Of House of Creativity account (as mentioned hereinabove). This defense and indemnification obligation will survive the Terms of Use and your use of the Website.

Ability to accept Terms of Use: You affirm that you are either more than Eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

Security & Privacy: House of Creativity and its Team is deeply committed to maintaining your privacy. We value our visitors greatly and we collect information in order to optimize our services and better serve your connecting, selling and buying needs.

Confidentiality: We do not share with others any personal information that you provide to us through our Website unless expressly published by you for your profile.

Security: We use various security measures, including HTTPS with a layer of encryption technology, on top hardcoded to ensure the personal information that we collect through our Website is secure.

General: You agree that (i) the Website shall be deemed solely based in India and governed under the applicable laws of India; (ii) the section titles in this Agreement are for convenience only and have no legal or contractual effect; (iii) nothing in these Terms of Use shall be deemed to constitute a partnership or a joint venture between you and House Of Creativity LLP and its Team. Nothing contained in these Terms of Use shall constitute you as the agent of the Owner and its Team or otherwise entitle you to have authority to bind us for any purpose; and (iv) claim or dispute if any, between you and the Owner and its Team that arises in whole or in part from the Website and shall be decided exclusively by a court of competent jurisdiction located in Mumbai, India. You and the Owner and its Team shall be bound to submit all disputes howsoever arising out of or in connection with the use of the Website to arbitration to one (1) arbitrator nominated and appointed by House Of Creativity LLP. The arbitration shall in all matters be governed by the Arbitration and Conciliation Act, 1996. The place of arbitration shall be Mumbai, India. The language to be used in the arbitration proceedings shall be English. The award of the arbitration proceedings will be final and binding on both you and the Owner and its Team to the extent permissible in law.

You and House Of Creativity LLP and its Team agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

The aforesaid Disclaimer holds good for the mobile applications, search engines, developer or server platforms, etc., of the Website, created and/or developed or to be created / developed by House of Creativity LLP and its Team.