1. General and Acceptance

. BY USING AND/OR VISITING THIS BHARATARTITE (collectively, including all Content available through the bharatart.com domain name, the "Bharatart Bharatartite", or "Bharatartite"), is owned, maintained and operated by Bharatartpress Ltd. ("Bharatartpress" or "Bharatart") and by USING ANY OF THE SERVICES PROVIDED ON THE BHARATARTITE (as defined bellow) YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Use" or "Agreement") AND THE TERMS AND CONDITIONS OF BHARATARTPRESS'S PRIVACY POLICY, WHICH ARE PUBLISHED AT http://www.bharatart.com, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Bharatart Bharatartite. This Terms of Use Agreement sets forth the legally binding terms for your use of the Bharatart Services and they shall apply to all users of the Bharatart Bharatartite, including users who are also contributors of content information, and other materials or services on the Bharatartite. By using the Bharatart Services, you agree to be bound by this Agreement. You are only authorized to use the Bharatart Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. PLEASE READ THIS AGREEMENT CAREFULLY AND SAVE IT. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE THE BHARATART BHARATARTITE AND DISCONTINUE USE OF THE BHARATART SERVICES IMMEDIATELY. IF YOU WISH TO BECOME A MEMBER AND MAKE USE OF THE BHARATART SERVICES, YOU MUST READ THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE DURING THE REGISTRATION PROCESS. In order to participate in certain Bharatart Services, you may be notified that you are required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the bharatart.com Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement as an integral part hereof. Bharatart.com may modify this Agreement from time to time and such modification shall be effective upon posting by bharatart.com on the Bharatartite. You agree to be bound to any changes to this Agreement when you use the Bharatart Services after any such modification is posted. It is therefore important that you review this Agreement regularly upon each use of the Bharatart Services to ensure you are updated as to any changes.

2. Provided Services

Subject to full compliance with the Terms of this Use Agreement, Bharatart shall provide certain services, as described more fully on the Site ("Services"). Services may include, but not be limited to, the formation, designing, storage, management, sharing and linking of media and/or document files (including, but not limited to text, user comments, messages, information, data, graphics, photographs, images, illustrations, animations, software, audio and video, also collectively known as the "Content"). Please note that part of the Services (or special features) may be provided only to Users who subscribe for such Services and Bharatart may charge fees for Services. Bharatart may change, suspend or discontinue any or all of the Services or any Content for any reason, at any time, including the availability of any feature or part of the Content at its sole discretion. Bharatart may also impose limits on all or any of the Services or restrict your access to parts or all of the Services without notice or liability. Bharatart may charge fees for the use of the Services or part of them and may include advertisements or other commercial content in any Bharatart product or image or webpage including such which have been created by users unless stated otherwise. The Premium/Upgraded Services provided by Bharatart (as defined on the Bharatartite) are provided according to the provisions of this Agreement and the specific commercial provisions and policies (including the Cancellation Terms) as detailed on the Bharatartite, and such provisions and policies as may be amended of changes from time to time, are incorporated herein by reference and shall be considered as an integral part hereof. It is further stipulated that any use of the Bharatart Services for creation and/or uploading and/or hosting of HTML widgets or other HTML web content ("HTML Content") for commercial purposes (such as, but no limited to, adsense, e-commerce shopping carts etc.) is subject and contingent upon upgrade of such content by purchase of a Premium package (as defined in the Bharatartite) which is at least a 'Combo' package. In the event that HTML Content is not upgraded as required, Bharatart shall have the right to discontinue the use of the Services through such HTML Content without any prior notification.

3. General Undertakings

You accept sole responsibility for all of your activities using the Bharatartite, including your conduct on the site and any and all content you may submit, post or share via the Bharatartite. You will not use the bharatart.com service for any unauthorized or illegal purpose. You will be responsible for ensuring that you do not violate any laws of your jurisdiction, including but not limited to copyright laws. You will not upload or transmit viruses, worms or any other destructive code.

4. The Bharatart Bharatartite

The Bharatart Bharatartite may contain third party content and links to third party Bharatartites that are not owned or controlled by Bharatartpress. Bharatart has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party content or Bharatartites or any of their contents. In addition, Bharatartpress will not and cannot censor or edit the content of any third-party site. By using the Bharatartite, you expressly relieve Bharatartpress from any and all liability arising from your use of any third-party Bharatartite. Accordingly, we encourage you to be aware when you leave the Bharatart Bharatartite and to read the terms and conditions and privacy policy of each other Bharatartite that you visit.

5. Bharatartite Access

A. Bharatart hereby grants you permission to use the Bharatartite as set forth in this Terms of Use, provided that: (i) you will not alter or modify any part of the Bharatartite other than as may be reasonably necessary to use the Bharatartite for its intended purpose and/or in a manner allowed by Bharatart; and (ii) you will otherwise comply with the terms and conditions of these Terms of Service. B. In order to access some features of the Bharatartite, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Bharatart immediately of any breach of security or unauthorized use of your account. Although Bharatart will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Bharatart or others due to such unauthorized use.

6. Linked Content

Bharatart enables you to link to images, animations, videos, audio, and other content hosted on third party Bharatartites (the ´┐ŻLinked Content´┐Ż). As a registered user, your creation is saved by Bharatart, but this is separate from the Linked Content, and the existence of your creation in Bharatart does not affect in any manner the ability to view or use Linked Content. If the Linked Content is no longer available or accessible to a user, then those portions of your creation that reference the Linked Content will not work. Bharatart may provide its users the ability to embed images, animations, videos, audio, and other content owned or provided by third parties cooperating with Bharatart into Bharatart created content. In such case, the use of such third party content shall be subject to the compliance with the provisions of these Terms of Use and in addition, the terms of use / end user license agreement of the third party owning or providing the used content.

7. Online Sharing through Third Party Services

Bharatart enables you to share your creations and/or User Submissions (as defined below) through third party Bharatartites, blogs or email systems. When sharing your creations through third party services you shall continue to comply with all provisions of this Agreement. You are also to comply with the terms of any the services through which you are sharing your creation.

8. Third Party Services

You are fully aware of the fact that Bharatart shall not have any responsibility or labiality with regard to any third party services used by you on or through your Bharatart formed web content, such as payment and e-commerce services and any use of such third party services shall be at your own responsibility and liability. You further acknowledge that the providence of technical ability to link to such services (such as the possibility of a 'PayPal' button), are provided only as part of the Services but shall not be deemed as to create any liability or responsibility on behalf of Bharatart.

9. Fees and Paymen

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay for any such taxes that might be applicable to your use of the Services and payments made by you to Bharatart. All fees related to using Charged Services are charged automatically using the payment method as determined in the Bharatartite. If Bharatart does not receive a request for Charged Services termination in writing to one of the addresses listed on the Bharatartite under "customer contact information," you acknowledge and understand that Bharatart will continue to charge you for the Charged Services as long as your account remains active regardless if the Charged Services are used or not. If, at any time, you contact your bank or credit card company and decline or otherwise reject the charge of any payable fees, this act will be considered a breach of your obligation hereunder and your use of the Charged Services will be automatically terminated. Your use of the Charged Services will not resume until you re-subscribe for any such Charged Services.

10.OWNERSHIP OF CONTENT

Bharatart does not have the ability to determine the actual owner of content created and/or uploaded to the Bharatartite. Accordingly: (i) in respect to content (such as Bharatartites, webpages and widgets) created and/or uploaded to the Bharatartite by a free User (and which Bharatart has not been paid for), the owner of such content shall be considered as the Bharatart User listed as the owner of the Bharatart account under which the content has been created or uploaded to the Bharatartite; (ii) in respect to Bharatartites created on Bharatart's Bharatartite and which have an external URL (i.e. a domain name imported or purchased as part of a "Premium Upgrade"), Bharatart shall consider the owner of such Bharatartite as the person or entity registered as the owner of the domain according to the WHOIS database as provided on the www.whois.net Bharatartite. To remove any doubt, the identity of the person or entity that has paid Bharatart for the Charged Services shall not be considered by Bharatart as creating any ownership or other rights in or in relation to such Bharatartite. Bharatart shall not provide any information and/or details regarding any content created or uploaded to the Bharatartite other than to the owners of such content as determined above.

11. Intellectual Property Rights

The Content on the Bharatart Bharatartite (as defined above), except all User Submissions (as defined below), is subject to copyright and other intellectual property rights under local and international laws conventions. To the best of its knowledge, Bharatart uses only Content which is allowed and permitted for use by the owner/s of the copyrights and other intellectual property rights therein. Content on the Bharatartite is provided to you AS IS only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners (if such consent is required) (outside of a Bharatart document). Bharatart reserves all rights not expressly granted in and to the Bharatartite and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Bharatartite for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Bharatart Bharatartite or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Bharatart Bharatartite or any of the Content therein.

12. User Submissions

A. The Bharatart Bharatartite may now or in the future permit the submission of Content submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, bharatart.com does not guarantee any protection with respect to any submissions. B. YOU UNDERSTAND THAT ALL USER SUBMISSIONS ARE THE SOLE RESPONSIBILITY OF THE USER UPLOADING SUCH CONTENT. YOU, AND NOT BHARATART, ARE ENTIRELY RESPONSIBLE FOR ALL CONTENT THAT YOU UPLOAD, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE VIA THE SERVICE. BHARATART DOES NOT CONTROL THE CONTENT POSTED VIA THE SERVICE AND, AS SUCH, DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF SUCH CONTENT OR THAT IT'S UPLOADING DOES NOT INFRINGE ANY THIRD PARTY RIGHTS. C. WHILE BHARATART IS NOT RESPONSIBLE FOR AND DOES NOT REVIEW THE USER SUBMISSIONS, BHARATART RESERVES THE RIGHT TO DELETE ANY SUCH USER SUBMISSIONS THAT BHARATART DEEMS, IN ITS SOLE DISCRETION RACIST, HURTING, ILLEGAL, OR UNACCEPTABLE FOR ANY REASON AND WITH NO NEED TO PROVIDE EXPLANATIONS. D. Bharatart does not claim any intellectual property rights over the User Submissions and any such Submissions shall be considered as granted the rights under the user selection for the copyrights in the appropriate selection in the Bharatart Bharatartite. With respect to Submission you submit or make available for inclusion on publicly accessible areas of the Bharatart Bharatartite, the Submission shall be deemed and considered as license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Submissions on such publicly accessible areas of the Bharatart Bharatartite and Service and might also be accessible from other Bharatartites. With respect to Submission you submit or make available for editing by other users of the Bharatart Bharatartite, the Submission shall be deemed and considered as license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Submissions on such publicly accessible areas of the Bharatart Bharatartite and Service and might also be accessible from other Bharatartites. Such license shall be terminated only upon removal of such User Submissions (either by the user or by Bharatart). E. IN CONNECTION WITH USER SUBMISSIONS, YOU FURTHER AGREE THAT YOU WILL NOT: (I) SUBMIT MATERIAL THAT IS COPYRIGHTED OR OTHERWISE SUBJECT TO THIRD PARTY PROPRIETARY RIGHTS, INCLUDING PRIVACY AND PUBLICITY RIGHTS, UNLESS YOU ARE THE OWNER OF SUCH RIGHTS OR HAVE PERMISSION FROM THEIR RIGHTFUL OWNER TO POST THE MATERIAL AND TO GRANT BHARATART AND/OR ANY OF ITS USERS ALL OF THE LICENSE RIGHTS GRANTED HEREIN; (II) PUBLISH FALSEHOODS OR MISREPRESENTATIONS THAT COULD DAMAGE BHARATART OR ANY THIRD PARTY; (III) SUBMIT MATERIAL THAT IS UNLAWFUL, OBSCENE, DEFAMATORY, LIBELOUS, THREATENING, PORNOGRAPHIC, HARASSING, HATEFUL, RACIALLY OR ETHNICALLY OFFENSIVE, OR ENCOURAGES CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY, VIOLATE ANY LAW, ENCOURAGES USE OF DRUGS OR ALCOHOL, OR IS OTHERWISE INAPPROPRIATE; (IV) POST ADVERTISEMENTS OR SOLICITATIONS OF BUSINESS: (V) IMPERSONATE ANOTHER PERSON. If you become aware of misuse of the Bharatartpress Services by any person, please contact Bharatart or feedback@bharatart.com. Bharatart does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Bharatart expressly disclaims any and all liability in connection with User Submissions. F. COPYRIGHT. BHARATART DOES NOT PERMIT COPYRIGHT INFRINGING ACTIVITIES AND INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ON ITS BHARATARTITE, AND BHARATARTPRESS WILL REMOVE ALL CONTENT AND USER SUBMISSIONS IF PROPERLY NOTIFIED THAT SUCH CONTENT OR USER SUBMISSION INFRINGES ON ANOTHER'S INTELLECTUAL PROPERTY RIGHTS. Bharatart respects the intellectual property rights of others, and it is our policy to respond to claims of alleged infringement that complies with the Digital Millennium Copyright Act (the "DMCA"). If you believe that your work has been copied in a way that infringes your copyrights, please email us at feedback@bharatart.com and provide all relevant details, including the exact location of the material claimed to be infringing your rights, reasonable evidence of such pleaded rights, and any other information as may be required. The details of the Bharatart Copyright Infringement Agent nominated according to the provisions of the DMCA, can be found on the Bharatart Bharatartite. Repeat Infringer: Bharatart reserves the right to remove Content and User Submissions without prior notice. Bharatart will also terminate a User's access to its Bharatartite, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Bharatartite more than twice. Bharatart also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law. Bharatartpress may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion. Bharatart makes no representation that it can protect its users from exposure to offensive material. Bharatart will not be liable for the content of any User Submission and expressly disclaims all liability relating thereto. If you post content hosted on Bharatart to any other site, you must provide a link from the image back to Bharatart to the extent permitted by such other site. G. You understand that when using the Bharatart Bharatartite, you will be exposed to User Submissions from a variety of sources, and that Bharatartpress is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Bharatart with respect thereto (if any), and agree to indemnify and hold Bharatartpress, its Owners/Operators, affiliates, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

13. SECURITY

You are responsible for maintaining the security of your account and content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Bharatartite. You agree to immediately notify Bharatart in writing of any unauthorized uses of your account or any other breaches of security. Bharatart cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Bharatart be liable, in any way, for any acts or omissions by any Bharatart User or other third party, including any damages of any kind incurred as a result of such acts or omissions.

14. Additional Prohibited Uses

A. In addition to all the above prohibitions, You agree that you will NOT knowingly use the Service, among other things, to: (a) harm minors in any way; (b) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload, post, email, transmit, or otherwise make available any content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (d) upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (e) "Spamming" to promote your Bharatartite or Content, or engaging in unethical marketing, advertising, any other practice connected in any way to "spam" or sending content or emails which do not comply with the CAN-SPAM Act of 2003; (f) upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or (g) intentionally or unintentionally violate, attempt to violate, or avoid any applicable ICANN regulation or policy; You agree to indemnify and hold Bharatart harmless from any claims resulting from the use of the Services which damages you or any other party. Bharatart reserves the right to investigate You, Your business, and/or your owners, officers, directors, managers, and other principals, Your sites, and the materials comprising the sites at any time. These investigations will be conducted solely for Bharatart benefit, and not for Your benefit or that of any third party. If the investigation reveals any information, act, or omission, which in Bharatart's sole opinion, constitutes a violation of any local, state, federal, or foreign law or regulation, or these Terms of Use, Bharatart may immediately shut down the site, and notify You of the action. You agree to waive any cause of action or claim You may have against Bharatart for such action. B. In addition to the above prohibitions, you shall not: (i) attempt, in any way to remove or otherwise make invisible any ads, banners, links or any other content placed or added to a web page created on the Site without obtaining Bharatart's prior consent to do so (by purchasing an appropriate upgrade). (ii) attempt to connect an external domain (an URL address other than the one provided by Bharatart) to your Bharatart created content without purchasing an appropriate upgrade from Bharatart. Please note that Bharatart reserves the right to remove and/or delete any User content including Bharatart sites which are violating the above prohibition without prior warning.

15. Warranty Disclaimer & Limitation of Liability

A. You agree that your use of the Bharatart Bharatartite shall be at your sole risk. To the fullest extent permitted by law, Bharatart, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Bharatartite and your use thereof. Bharatart makes no warranties or representations regarding the accuracy or completeness of this site's content or the content of any sites linked to this site. B. In no event shall Bharatart, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Bharatartite, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or other information stored therein, (iv) any interruption or cessation of transmission to or from our Bharatartite, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Bharatartite by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Bharatart Bharatartite. He foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. C. you specifically acknowledge that Bharatartpress shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. D. Bharatart does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Bharatart Bharatartite or any hyperlinked Bharatartite or featured in any banner or other advertising, and Bharatart will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. E. Bharatartpress doesn't recommend the use of the site for hosting of personal content and shall not bear any security risks regarding breach or damage to any user content. F. Bharatart makes no representations that the Bharatart Bharatartite is appropriate or available for use in all locations. Those who access or use the Bharatart Bharatartite from jurisdictions prohibiting such use, do so at their own volition and are responsible for compliance with local law.

16. Indemnity

You agree to defend, indemnify and hold harmless Bharatart, its parent corporation, officers, directors, employees and agents, 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 Bharatart Bharatartite; (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. This defense and indemnification obligation will survive these Terms of Use and your use of the Bharatart Bharatartite.

17. Events Beyond Control

Under no circumstances shall Bharatart be held liable for any delay or failure in this Bharatartite and/or any of the Services and/or information on the Bharatartite directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of Bharatart, including, without limitation, Internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms,earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of Limitation of Liability section as stipulated above.





18. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Bharatart without restriction or limitations.

19. BETA Test Warning

Please note that the Bharatartite is currently in its BETA version and undergoing BETA testing. You understand and agree that the Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Services at this stage signifies your understanding of and agreement to participate in the Service BETA testing.

20. CUSTOMER SERVICE CONTACT

To get in touch with our Customer Service - please use any of the options listed below:
1. Send an email message to: feedback@bharatart.com
2. Send an whatsaap message to: +91 9452951000