Policy Terms & Conditions of Use

The website www.artmybreath.com (“artmybreath.com”) is operated by Art My Breath ("Art My Breath" or "us" or "we" or "our" or “Charuhas Jayant Damle” or “Proprietor of Art MY Breath” or “Owner of Art My Breath” or “Founder of Art My Breath”), a sole proprietorship firm started & owned by Charuhas Jayant Damle having its registered office located at J/A/202,Shravandhara Society, Sasane Nagar, Hadapsar, Pune, Maharashtra, India. Please read the Conditions of Use document carefully before using the Art My Breath.com website. By using the Art My Breath.com website, you signify your agreement to be bound by Art My Breath's Policy Terms & Conditions of Use.

Please read these Policy Terms & Conditions of Use carefully before using the Art My Breath.com website. By using the Art My Breath.com website, you signify your agreement to be bound by these conditions.

In addition, when you use any current or future Art My Breath.com product or service ("Art My Breath Service"), you will also be subject to the terms, guidelines and conditions applicable to that Art My Breath Service. ("Policy Terms"). If these Conditions of Use are inconsistent with such Terms, the Terms will control.

These "Policy Terms & Conditions of Use" constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1. Your Account

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us within Your Account area of the website. You agree and acknowledge that your account on the website is your personal account for your personal use & is not a business account. You also agree and acknowledge that you are the sole owner of the art services, products and other content provided by you on this website and you are solely responsible for the content added by you on the website. Art My Breath.com reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.

2. E-Platform for Communication

You agree, understand and acknowledge that the website is an online platform that enables you to offer or avail various Art Services or purchase products listed on the website by website users at the price indicated therein at any time from any location. You further agree and acknowledge that Art My Breath is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products or services on the website shall be a strictly bipartite contract between you and the sellers on Art My Breath.com. Here by the term “Sellers” we are referring to the website users who are using the website to offer art services & products. Further, you agree and acknowledge that Art my breath is only a facilitator and is not and cannot be held liable in any manner for any transactions on the website.

3. Access to Art My Breath.com

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

4. Licence for website access

Subject to your compliance with these Policy Terms & Conditions of Use and payment of applicable fees, if any, Art My Breath grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Art My Breath and / or its affiliates, as may be applicable. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.

This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Art My Breath and / or its affiliates, as may be applicable.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Art My Breath.com and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Art My Breath's or its affiliates' names or trademarks without the express written consent of Art My Breath and / or its affiliates, as applicable. Any unauthorized use terminates the permission or license granted by Art My Breath and / or its affiliates, as applicable.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of Art My Breath.com as long as the link does not portray Art My Breath, Art My Breath.com, their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Art My Breath.com logo or other proprietary graphic or trademark as part of the link without express written consent of Art My Breath and / or its affiliates, as may be applicable.

5. Your Conduct

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way You understand that you, and not Art My Breath or Artmybreath.com are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. Do not use devices with virus for logging in to the website.

You must not use the website for any of the following:

1. for fraudulent purposes, or in connection with a criminal offense or other unlawful activity

2. to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, insulting or harassing, blasphemous, defamatory, libelous, obscene, pornographic, paedophilic, or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, patent, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, defence, security or sovereignty of India or friendly relations with foreign States or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam; or is patently false and untrue.

3. to cause annoyance, inconvenience or needless anxiety

6. Reviews, comments, communications and other content

Users of this website may have a facility to post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. Art My Breath.com reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of Art My Breath.com violates these Conditions of use and, or terminate your permission to access or use this website.

If you do post content or submit material, and unless we indicate otherwise, you

1. (a) grant Art My Breath and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and

2. (b) Art My Breath and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Art My Breath, including the execution of deeds and documents, at its request.

You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to Art My Breath.in: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Art My Breath.com policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify Art My Breath and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

7. Copyright, authors' rights and database rights

All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Art My Breath, its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of Art My Breath and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this website is the property of Art My Breath, its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws.

You may not systematically extract/ or re-utilise parts of the contents of the website without Art My Breath and / or its affiliate's (as may be applicable) express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re- utilization of any substantial parts of this website, without Art My Breath and / or its affiliate's (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this website without Art My Breath and / or its affiliate's (as may be applicable) express written consent.

Art My Breath being a platform for art associates, the website users are the sole owners of the art services or the products offered by them on this website and they are solely responsible for the content added by them on the website. Art my breath is only a facilitator and is not and cannot be held liable or responsible in any manner for the content added by website users on the website.

08. Intellectual Property Claims

Art My Breath and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please communicate to us at support@artmybreath.com providing all the necessary details of the claim. We respond expeditiously to rights owners and their agents who communicate concerns about any alleged infringement.

Upon receipt of a communication we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, in submitting the communication, you grant to Art My Breath the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the communication to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Art My Breath for all claims brought by a third party against Art My Breath arising out of or in connection with the communication.

09. Trademarks

ART MY BREATH.COM, ART MY BREATH, THE ART MY BREATH LOGO, and other marks indicated on our website are trademarks or registered trademarks of Art My Breath or its subsidiaries (collectively "Art My Breath"), in the Indian jurisdictions. Art My Breath.com's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Art My Breath. Art My Breath's trademarks and trade dress may not be used in connection with any product or service that is not Art My Breath's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Art My Breath. All other trademarks not owned by Art My Breath that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Art My Breath.

10. Disclaimer

You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. You further acknowledge and undertake that you will use the website to order products or avail services only for your personal use and not for business purposes. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products or the service provider website users.

We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products & services listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website. We do not implicitly or explicitly support or endorse the sale or purchase of any products or services offered by website users on the website. At no time shall any right, title or interest in the products sold or services offered through or displayed on the website by website users vest with Art My Breath nor shall Art My Breath have any obligations or liabilities in respect of any transactions on the website.

11. Indemnity and Release

You shall indemnify and hold harmless Charuhas Jayant Damle, Art My Breath,its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Policy Terms & Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

You hereby expressly release Art My Breath and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors, website users and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

12. Children

Use of Art My Breath.comis available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use Art My Breath.comonly with the involvement of a parent or guardian.

13. Other Businesses

Parties other than Art My Breath and its affiliates may operate stores, provide services, or sell product lines on Art My Breath.com. For example, website users offer products or services via Business Listings, Product Catalogues or Service Catalogues created by them. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. Art My Breath does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use.

14. Communications

When you visit Art My Breath.in, you are communicating with us electronically. You will be required to provide a valid phone number while registering or signup. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the website.

15. Losses

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.

16. Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our website, policies, and these Policy Terms & Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the website or that you order goods or avail services from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

17. Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

18. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

19. Governing law and Jurisdiction

These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Pune.

20. Our Details

This website is operated by Art My Breath, a sole proprietorship firm owned and run by Charuhas Jayant Damle.

For the Art My Breath.com website, you could contact us by visiting: https://www.artmybreath.com/contact

21. Customer Complaint Details

The details pertaining to each customer complaint lodged (including the status of the complaint and tracking details) are provided in the return e-mails which are sent back to the customers.

22. Art My Breath Software Terms

You may use Art My Breath Software solely for purposes of enabling you to use and enjoy the Art My Breath Services as provided by Art My Breath, and as permitted by the Policy Terms & Conditions of Use, these Art My Breath Software Terms and any Terms. You may not incorporate any portion of the Art My Breath Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Art My Breath Software or otherwise assign any rights to the Art My Breath Software in whole or in part. You may not use the Art My Breath Software for any illegal purpose. We may cease providing any Art My Breath Software and we may terminate your right to use any Art My Breath Software at any time. Your rights to use the Art My Breath Software will automatically terminate without notice from us if you fail to comply with any of these Art My Breath Software Terms, the Policy Terms or Conditions of Use or any other Terms. Additional third party terms contained within or distributed with certain Art My Breath Software that are specifically identified in related documentation may apply to that Art My Breath Software (or software incorporated with the Art My Breath Software) and will govern the use of such software in the event of a conflict with these Policy Terms & Conditions of Use. All software used in any Art My Breath Service is the property of Art My Breath and/or its affiliates or its software suppliers and protected by laws of India including but not limited to any other applicable copyright laws.

You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Art My Breath Software (and/or Art My Breath Services or Art MY Breath website or online Art My Breath mobile application), whether in whole or in part, or create any derivative works from or of the Art My Breath Software or website or online web/mobile application. In order to keep the Art My Breath Software up-to-date, we may offer automatic or manual updates at any time and without notice to you. When you use the Art My Breath Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

Important Warning: Any false information shared with Art my Breath if found liable to any legal penalties will be governed by law accordingly.

Notice to Art My Breath of Objectionable Content

In case of any objectionable content found uploaded on the website:

Please write to us on: support@artmybreath.com

Provide us with your personal details, contact details and the details about the objectionable content.