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This
Agreement describes the terms and conditions applicable
to your use of the artvatika.com web site, which
features tools for trading and communicating in a global
business to business e-market (the "Service").
Please
read this agreement carefully!
THE
FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH
ART VATIKAOFFERS YOU ACCESS TO THE SERVICE.
1)
Acceptance
of Terms
By accessing our web site past the home page, you agree
that you have entered into this Agreement with Matrix
net-on-line Limited ("Matrix") and that you
will be bound by the terms and conditions hereof
("Terms"), which Matrix in its discretion may
change from time to time. We will post a notice on our
web site to inform you of any changes to the Terms. If
you do not agree to the changes, you must discontinue
using the Service. The changed terms shall automatically
be effective immediately after they are initially posted
on the homepage of our site. Your continued use of the
Service will signify your acceptance of the changed
Terms. Unless explicitly stated otherwise, any new
features that augment or enhance the Service shall be
subject to this Agreement. This Agreement may not be
otherwise modified except in a writing signed by an
authorized officer of Matrix.
2)
Who
Can Use Art Vatika
The Service is only available to individuals or
companies who can form legally binding contracts under
applicable law. Thus,
you must be at least 18 years of age to use our
services. If
you do not qualify, please do not use the Service.
Matrix may, in its sole discretion, refuse the Service
to anyone at any time. The Service is not available to
temporarily or indefinitely suspended Art Vatikamembers.
3)
Fees
Joining Art Vatika and the use of the Service is free!
We reserve the right to charge fees for the Service upon
notice to you pursuant to paragraph 1. You are
responsible for paying all applicable taxes and duties
and for all hardware, software, service and other costs
you incur to trade, procure a listing from us, or access
our servers. We reserve the right to change or
discontinue, temporarily or permanently, some or all of
the Service at any time without notice.
4)
Art Vatika Is Only A Venue For Trading
Our site acts as the venue for users to locate people to
trade with and to negotiate the exchange of goods and
services. We are not involved in the actual transaction
between trading partners. As a result, we have no
control over the quality, safety or legality of the
items being traded, the truth or accuracy of the item
listings, the ability of traders to fulfill their
obligations in a trade agreement. We cannot and do not
control whether or not traders will complete their part
of a trade. In addition, note that there are risks of
dealing with underage persons or people acting under
false pretense.
5)
Your
Information And Items For Trade
"Your Information" includes any information
data, text, software, music, sound, photographs,
graphics, video, messages or other materials you provide
to us or other users during the registration, trading or
listing processes, in any public message area or through
any email feature. With respect to Your Information, you
are solely responsible for Your Information, and we act
as a passive conduit for your online distribution and
publication of Your Information. We may take any action,
however, with respect to your information we deem
necessary or appropriate in our sole discretion if we
believe it may create liability for us or may cause us
to lose (in whole or in part) the services. You hereby
warrant that you have all rights, including all
copyrights, necessary to submit Your Information to Asia
Trade Hub. You acknowledge that Matrix does not take any
responsibility to determine what information that is
submitted to us is protected, nor will we be responsible
for the use of Your Information by other users of the
Service.
5.1)
Registration
Obligations
If you register with us, you agree to:
(a)
provide true, accurate, current and complete information
about yourself or company as prompted by the member
information form at http://www.artvatika.com, and
(b)
maintain and promptly update the member information to
keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not
current or incomplete, or Matrix has reasonable grounds
to suspect that such information is untrue, inaccurate,
not current or incomplete, Matrix has the right to
suspend or terminate your registration and refuse any
and all current or future use of the Service
(or any portion thereof). If you have registered with us
on behalf of a company or other entity, than you
represent and warrant that you have the authority to
bind such company or other entity to the Terms.
5.2)
Member
ID, Password and Security
During the registration process, you will select a
Member ID and Password. You are solely responsible for
maintaining the confidentiality of your Member ID and
Password, and for all activities that occur under your
Member ID and password. You agree to (a) immediately
notify Art Vatika of any unauthorized use of your Member
ID or Password or any other breach of security, and (b)
ensure that you properly exit the web site at the end of
each session. Matrix cannot and will not be liable for
any loss or damage arising from your failure to comply
with this paragraph.
5.3)
Rules
About Your Information
You agree that Your Information and the items you offer
for trade on Asia Trade Hub:
1)
Will not be
fraudulent or involve the sale of counterfeit or stolen
items;
2)
Will not infringe any third party's copyright, patent,
trademark, trade secret or other proprietary rights or
rights of publicity or privacy (See our Copyright Policy
for more information);
3)
Will not violate any law, statute, ordinance or
regulation (including without limitation those governing
export control, consumer protection, unfair competition,
anti-discrimination or false advertising);
4)
Will not be defamatory, trade libelous, unlawfully
threatening or unlawfully harassing;
5)
Will not be obscene or contain child pornography;
6)
Will not contain any viruses, Trojan horses, worms, time
bombs or other computer programming routines that are
intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system,
data or personal information; and
7)
Will not link
directly or indirectly to or include descriptions of
goods or services that: (i) are prohibited under this
Agreement; or (ii) you do not have a right to link to or
include. You also agree not to use the Service (h) in
connection with chain letters, junk e-mail, spamming or
any duplicative or unsolicited messages, (i) to collect
e-mail addresses and other information about others
without their consent or (j) to create false e-mail
addresses or otherwise attempt to mislead others as to
the identity of the sender or the origin of a message.
5.4)
Prohibited
Items
You may not post on our site or trade through our site
any: (a) any item that could cause us to violate any
applicable law, statute, ordinance or regulation, or (b)
any item prohibited and incorporated herein by
reference, which may be updated from time to time.
6)
The
License You Grant To Us
You grant to us the exclusive, worldwide, perpetual,
royalty-free right (with the right to sublicense through
multiple tiers) to use, reproduce, modify, adapt,
publish, translate, create derivative works from,
distribute, perform and display (in whole or in part)
Your Information, and/or to incorporate Your Information
in other works in any form, media, or technology now
known or later developed.
7)
Privacy
Notwithstanding the license in paragraph 6, Art Vatika
will only use Your Information in accordance with our
Privacy Policy, The complete terms of our Privacy
Statement are part of this Agreement so you should read
it. Please note that when you voluntarily disclose Your
Information in Art Vatika trading areas, that
information can be collected and used by others.
8)
Trading
Process
a).
Listing An Item
: Listings are
text descriptions, graphics and/or pictures on Art
Vatika web site supplied by you that either; (a)
describe an item you have that you want to trade, or (b)
describe an item you are looking for. You may post
either or both of these listing types of listings on Art
Vatikasite, provided that you place such listings in an
appropriate category. Matrix is not responsible for the
accuracy or content of listings.
b).
Negotiating A Trade
: Traders on
Art Vatika negotiate with each other through the process
of formulating offers and counteroffers. Acceptance of
an offer or counteroffer by all parties constitutes an
obligation for all parties involved to complete the
transaction. Acceptances and Offers are not retractable
except in exceptional circumstances such as a user
materially changing the description of the item after
your offer was made or clear typographical errors, or
when you cannot authenticate the identity of a user
involved in the trade.
c)
Handling Trading Disputes
: We do not and cannot be involved in dealings
between traders. In the event that you have a dispute
with one or more users, you release Art Vatika (and our
agents and employees) from any claims, demands and
damages (actual and consequential) of every kind and
nature arising out of or in any way connected with such
disputes.
d)
Use
Common Sense : We
cannot nor do we try to control the information provided
by other users which is made available through the
Service. By its very nature, other people's information
may be offensive, harmful or inaccurate, and in some
cases will be mislabeled or deceptively labeled. We
expect that you will use caution and common sense when
using our site.
9)
The
Trading System
a)
No
Trade Manipulation
: You agree to
not use a shill (a secondary account or third party) to
manipulate the outcome of a negotiation with another
trader.
b)
System
Integrity : You
agree that you will not use any device, software or
routine to interfere or attempt to interfere with the
proper working of the Art Vatika site or any trade being
conducted on our site. You may not take any action which
imposes an unreasonable or disproportionately large load
on our infrastructure. You may not disclose or share
your password to any third parties or use your password
for any unauthorized purpose.
c)
Feedback
: You may not
take any actions which may undermine the integrity of
the feedback system (e.g., "Member Tag"), such
as: leaving positive feedback for yourself using
secondary Member IDs or third parties; leaving negative
feedback for other users using secondary member IDs or
third parties (feedback bombing); or leaving negative
feedback if a user fails to perform some action that is
outside the scope of the trade (feedback extortion).
d)
No Commercial Exploitation
: You agree that you may not commercially exploit
any information, including but not limited to, copying
any information displayed, on the Art Vatika web site
without prior written authorization from an authorized
officer of Asia Trade Hub.
10)
Termination
You agree that Matrix, in its sole discretion, may
terminate your password, account (or any part thereof)
or use of the Service, and remove and discard Your
Information within the Service, for any reason,
including without limitation, if Matrix believes that
you have violated or acted inconsistently with the
letter and spirit of the Agreement. Matrix may also, in
its sole discretion and at any time, discontinue
providing the Service, or any part thereof, with or
without notice. You agree that any termination of your
access to the Service under any provision of this
Agreement may be effected without prior notice, and
acknowledge and agree that Matrix may immediately
deactivate or delete your account and all related
information and files in your account and/or bar any
further access to such files or the Service. Further,
you agree that Matrix shall not be liable to you or any
third party for any termination of your access to the
Service. Paragraphs 12, 13, 14, and 22 shall survive any
termination of this Agreement.
11)
What
Happens if You Break the Rules?
We may immediately issue a warning, temporarily suspend,
indefinitely suspend or terminate your membership, any
of your current listings, and any other information you
place on the site if you breach this Agreement or if we
are unable to verify or authenticate any information you
provide to us. Without limiting any other remedies,
Matrix may suspend or terminate your account if you are
found (by conviction, settlement, insurance or escrow
investigation, or otherwise) to have engaged in
fraudulent activity in connection with our site.
12)
The
Service is Provided "As Is."
We will try very hard to make your experience with Art
Vatika enjoyable. Unfortunately, we cannot always
foresee or anticipate technical or other difficulties.
These difficulties may result in loss of data or other
service interruptions. For this reason, you expressly
understand and agree that your use of the service is at
your own risk. the service is provided on an "as
is" and "as available" basis. Art Vatika
expressly disclaims all warranties of any kind, whether
express or implied, including, but not limited to, the
implied warranties of merchantability, fitness for a
particular purpose and non-infringement. matrix makes no
warranty that: (i) the service will meet your
requirements; (ii) the service will be uninterupted,
timely, secure, or error-free; (iii) the results that
may be obtained from the use of the service will be
accurate or reliable; and (iv) the quality of any
products, services, information, or other material
purchased or obtained by you through the service will
meet your expectations. any material downloaded or
otherwise obtained through the use of the service is
done at your own discretion and risk and you will be
solely responsible for any damage to your computer
system or loss of data that results from the download of
any such material. no advice or information, whether
oral or written, obtained by you from Art Vatika or
through or from the service shall create any warranty
not expressly stated in the agreement.
Note:
Some jurisdictions do not allow the disclaimer of
implied warranties, so the foregoing disclaimer may not
apply to you. This warranty gives you specific legal
rights and you may also have other legal rights which
vary from jurisdiction to jurisdiction.
13)
Limit
of Liability
You expressly understand and agree that matrix shall not
be liable for any direct, indirect, incidental, special,
consequential or exemplary damages, including, but not
limited to, damages for loss of profits, goodwill, use,
data or other intangible losses (even if Art Vatika has
been advised of the possibility of such damages),
resulting from: (i) the use or the inability to use the
service; (ii) the cost of procurement of substitute
goods and services resulting from any goods, data,
information or services purchases or obtained or
messages received or transactions entered into through
or from the service; (iii) unauthorized access to or
alteration of your transmissions or data; (iv)
statements or conduct of any third party on the service;
or (v) any other matter relating to the service.
Note:
Some jurisdictions do not allow the limitation of
liability, so the foregoing limitation may not apply to
you.
14)
Indemnity
You agree to indemnify and hold artvatika.com and our
subsidiaries, affiliates, officers, directors, agents,
and employees, harmless from any claim or demand
(including legal expenses and the expenses of other
professionals) made by a third party due to or arising
out of your breach of this Agreement or the documents it
incorporates by reference, or your violation of any law
or the rights of a third party.
15)
Compliance
With Laws
You shall comply with all applicable laws, statutes,
ordinances and regulations regarding your use of the
Service and your bidding on, listing, purchase and sale
of items, including, but not limited to, complying with
Indian Laws.
16)
No
Agency
You and Matrix are independent identity, and no agency,
partnership, joint venture, employee-employer or
relationship is intended or created by this Agreement.
17)
Advertising
& Financial Services
Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or
through the Service, including payment and delivery of
related goods or services, and any other terms,
conditions, warranties or representations associated
with such dealings, are solely between you and such
advertiser. You agree that Matrix shall not be
responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the
result of the presence of such advertisers on the
Service. If you intend to create or join any service,
receive or request any news messages, alerts or other
information from the Service concerning companies, stock
quotes, investments or securities, please be advised
MATRIX shall not be responsible nor liable for the
accuracy, usefulness or availability of any such
information transmitted via the Service, and shall not
be responsible nor liable for any trading or investment
decisions made based on such information.
18)
Links
The Service may provide, or third parties may provide,
links to other World Wide Web sites or resources.
Because Matrix has no control over such sites and
resources, you acknowledge and agree that Matrix is not
responsible for the availability of such external sites
or resources, and does not endorse and is not
responsible or liable for any content, advertising,
products, or other materials on or available from such
sites or resources. You further acknowledge and agree
that Matrix shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance
on any such content, goods or services available on or
through any such site or resource.
19)
Notices
Except as explicitly stated otherwise, any notices shall
be given by email to md@artvatika.com or to the email
address you provide to Art Vatika during the
registration process (in your case), or such other
address as the party shall specify. Notice shall be
deemed given twenty-four (24) hours after email is sent,
unless the sending party is notified that the email
address is invalid. Alternatively, we may give you
notice by certified mail, postage prepaid and return
receipt requested, to the address provided to Art Vatika
during the registration process. In such case, notice
shall be deemed given three (3) days after the date of
mailing.
20)
Force
Majeure
MATRIX shall not be liable to you for delays or failures
in performance resulting from causes beyond our
reasonable control, including, but not limited to, acts
of God, labor disputes or disturbances, material
shortages or rationing, riots, acts of war, governmental
regulations, communication or utility failures, or
casualties.
21)
Assignment
MATRIX may assign this Agreement without your consent.
22)
Miscellaneous
The Agreement constitutes the entire Agreement between
you and MATRIX and controls to use of the Service,
superseding any prior written or oral Agreements between
you and MATRIX. The Agreement shall be governed in all
respects by the Indian Laws without regard to its
conflict of law provisions. If any provision of this
Agreement is held to be invalid or unenforceable, such
provision shall be struck and the remaining provisions
shall be enforced. Headings are for reference purposes
only and in no way define, limit, construe or describe
the scope or extent of such section. Our failure to act
with respect to a breach by you or others does not waive
our right to act with respect to subsequent or similar
breaches.
More
about Us. The
services hereunder are offered by artvatika.com.
For more information, please email us at md@artvatika.com
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