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Terms & Conditions
Privacy Policy

THIS DOCUMENT IS PUBLISHED IN COMPLIANCE OF AND SHALL BE GOVERNED BY INDIAN LAW, INCLUDING BUT NOT LIMITED TO (I) THE INDIAN CONTRACT ACT, 1872; (II) THE INFORMATION TECHNOLOGY ACT, 2000, THE RULES, REGULATIONS, GUIDELINES AND CLARIFICATIONS FRAMED THEREUNDER INCLUDING THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL INFORMATION) RULES, 2011, AND THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011;

THIS DOCUMENT IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS AGREEMENT DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

THIS AGREEMENT IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND US (BOTH TERMS DEFINED BELOW) This AGREEMENT DESCRIBES THE TERMS AND CONDITIONS APPLICABLE TO YOUR USE OF SERVICES AVAILABLE UNDER THE MOBILE SITE , MOBILE APPLICATION, DESKTOP SITE, DOMAIN AND SUB-DOMAIN OF WWW.ARTISTIVITY.COM (“website”). THE TERMS OF THIS DOCUMENT WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD OR OTHER MEANS) AND WILL GOVERN THE RELATIONSHIP BETWEEN YOU AND ARTISTIVITY FOR THE USE OF SERVICES (DEFINED BELOW).  IF ANY TERMS OF THIS DOCUMENT CONFLICT WITH ANY OTHER DOCUMENT/ELECTRONIC RECORD IN THIS BEHALF, THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL PREVAIL, UNTIL FURTHER CHANGE / MODIFICATIONS ARE NOTIFIED BY ARTISTIVITY.

  1. Before You use the Services or Website, please read these TERMS & CONDITIONS carefully. By accepting or using Services or accessing the Website, You are unconditionally agreeing to the Terms and Conditions set out below with ARTISTIVITY and will be bound by them.
  1. We may amend this Agreement at any time by posting the amended terms on Website. All amended terms shall automatically be effective 30 days after they are initially posted on Website or Your usage of Services after such posting whichever is earlier.
  1. Artistivity helps talent buyers, agents and consumers (“Customer(s)”) find the right artist group, agencies, event services or managers (“Vendors”) or live bands, DJs, string quartets, dancers, balloon twisters, magicians, comedians, and other event entertainers, performers (“Artists”) for their wedding, corporate event or private affair. Customers, It provides a platform used by Customers to search and hire Vendors or Artists. Artistivity is a site that acts as a marketplace that allows anyone to buy and sell live event services (“Services”. In an effort to make the buying experience positive, Artistivity provides direct services which help Vendors and Customers book their transaction with Artists. However, as is the case with sites of this kind, Artistivity have limited control over the quality, safety or legality of the services advertised. In the unlikely event there is a dispute, we require Vendors and Artists to comply with our resolution process. Vendors and Artists and Customers permit Artistivity to make a final decision, in its sole discretion, on any claim that a buyer files with Artistivity.
  1. Artistivity strongly encourages Customers to work with vendors or artists before opening a claim relating to the booking of services of vendors or artists. Customers and vendors/artists agree to follow the requirements of the Artistivity’s policies with respect to such claims as may be communicated from time to time.
     
  2. By agreeing to these Terms and Conditions, You represent the following:
    • You are 18 (eighteen) years old or older;
    • Capable of entering into a legally binding agreement;
    • You have valid and subsisting right, authority, and capacity to enter into these Terms and Conditions and to abide by all of the terms and conditions contained herein; and
    • You are not impersonating any person or entity, or falsely stating or otherwise misrepresenting identity, age or affiliation with any person or entity.
       
  3. All references in these Terms and Conditions to “You” or “Your” shall refer to the Vendor or Artist or Customer of Website, as the case may be. All references in these Terms and Conditions to “We,” “Us,” or “Our” shall refer to Artistivity, and their respective affiliates, as the case may be. Customers, Vendors and Artists are commonly referred as Users.
     
  4. Registrations and Account

    In order to access or use Services, You may have to become a registered user. In order to register You must be aged 18 years or over. You may register by filling in Our registration form. You may only register if, you (a) have accepted Our Terms and Conditions and Privacy Policy; and (b) have provided Us with complete and accurate information for the registration;. You may only register one Account at the Website.

    Certain content or Services may be made accessible or non-accessible to certain Users, for instance by establishing different access levels differentiating between certain groups of Users, at Our sole discretion.

    Username and Password: By registering with Us You warrant that the information given for Your Account (together with any other information which You may from time to time provide to Us, whether as part of the registration process or otherwise) is complete, true, accurate and not misleading in any way. You are responsible for notifying Us of any changes to such information in order to ensure that it remains up-to-date. You must keep Your Username and Password details secure at all times. You are responsible for all activity that occurs on Your Account, whether impliedly or expressly authorised by You or not. You must immediately notify Us of any unauthorized use on Your Account. You may be liable for losses incurred by Us or any other User of or visitor to the Website due to someone else using Your Account. You must not use an Account belonging to someone else. We will not be liable for any loss or damage arising from Your failure to comply with these obligations. We will not modify Your Username without consulting You.

    Please note that Your Username may be displayed on the Website (e.g. with Your feedback, comments or content).

    Artistivity has the explicit right, but not the obligation, to suspend and/or remove any Vendor or Artist from the Website at any time at its sole discretion. Without limiting the previous sentence, Artistivity has the explicit right, but not the obligation, to suspend and/or remove any Vendor or Artist from the Website at any time for any breach or suspected breach of the terms of this Agreement.
     
  5. Artist Obligations

    The Artist is required to update availability calendar directly or through his/her representative, manager or the management company on the Website. Once the calendar is updated the same can be used by Artistivity and the Customers to see the availability of the Artist for a live performance. The Artist can either accept or reject a booking request for a live performance through Website.

    Artist shall visit the venue on the pre-agreed date for the live performance. The Artist is required to perform with reasonable skill and care and to a reasonable standard in accordance with recognised codes of practice. Artist shall be accompanied by Artistivity event manager or the Artist manager depending on the requirement by the Artist and or the booking Customer.

    Artist is obliged to notify Artistivity in writing immediately in the event of illness or other unforeseen circumstances of any nature whatsoever resulting in the performance being cancelled or potentially not fulfilling the prior commitments at agreed date or time.

    Cancellations have to be informed to Artistivity four (4) weeks prior to the booking event. Artist shall return the advance fee in full as agreed at the time of booking by You with Artistivity.

    In the unlikely event of the Artistivity being forced to cancel, suspend, postpone or terminate the event on the Customer's request, Artistivity"s entire liability is to collect the advance paid [less 10% cancellation charges of the advance fee] to You and return it to the Customer. All correspondence done hereunder shall be done in writing through email.

    Artistivity is not responsible for any misbehaviour on the part of the Customer and the Artist is solely responsible for his or her own safety. Your participation in any public or private event is at Your sole and exclusive risk. By using Artistivity You agree and understand that in connection with Your participation in any event or activity, You may be exposed to a variety of hazards and risks, foreseen or unforeseen, which can occur by natural causes or by the acts of other persons or third parties, either as a result of negligence or because of other reasons. You are personally responsible for all costs and risks associated with any public or private event or activity. Artistivity is not liable to any lawsuits, refund of money to You in case Customer finds Your behaviour and quality of performance substandard or below par or if You are not present for the event as per the Agreement with the Customer.

    Artistivity has the right to record and upload the photos, videos, testimonials, interviews (hereinafter referred to as "Content") of the performance of the Artist on the Website to showcase and promote Your work in order to generate more bookings for You. The copyrights of such work shall be jointly owned by You and Artistivity. The Artist is solely responsible to the Content which is transmitted, posted, or distributed by You through Artistivity. By posting Content You warrant and represent that You own all right, title and interest to that Content and You agree to not post anything to which You do not have the rights. Artistivity does not claim any permanent ownership of Content you submit or make available for inclusion on the engagement. Artistivity requires a limited license to host and display this Content, which lasts as long as you chose to host your work. The limited license is required to allow Artistivity to host, display, organize, and propagate an Artist"s body of work.

    Artist acknowledges and agrees that Artistivity may preserve any Content and may also disclose Your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary: (a) to comply with legal process; (b) to enforce these terms and conditions; (c) to respond to claims that any Content violates the rights of third-parties; (d) to protect the rights, property, or personal safety of Artistivity its users or the public; or (e) to promote, online and offline PR of Your work to potential Customers in order to generate more work bookings for You.

    Artist acknowledges and agrees that the views expressed on the Website do not necessarily reflect the views of Artistivity and Artistivity does not support or endorse the Contents posted or submitted by any Artist or Customer.
     
  6. Fraud

    Without limiting any other remedies, Artistivity may, but is not obligated to, suspend or terminate Your account and/or registration if we suspect that you (by conviction, settlement, or otherwise) have engaged in fraudulent activity, misrepresentation, or falsehoods in connection with the Website or Services.
     
  7. Rights Reserved

    All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Website and/or the Service (the "Intellectual Property Rights") shall, as between you and Artistivity, at all times be and remain the sole and exclusive property of Artistivity or its content suppliers. All software used on this Website is the property of Artistivity or its software suppliers and protected by Indian and international copyright laws. All present and future rights in and title to the Website and/or the Service (including the right to exploit the Website and/or the Service and any portions of the Website and/or the Service over any present or future technology) are reserved to Artistivity for its exclusive use.
     
  8. Copyright Claims

    Artistivity respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Artistivity the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.  Artistivity’ Copyright Agent for Notice of claims of copyright infringement can be reached as follows: by mail: support@artistivity.com
     
  9. Fees and Payments

    Artistivity reserves the right at any time to charge fees for access to all or portions of the Website and/or the Service. In no event will you be charged for access to all or portions of the Website and/or the Service unless Artistivity obtains your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Website and/or the Service by Artistivity or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Website and/or the Service through your account, and the purchase of any other products or services.
     
  10. Reviews and Comments

    Except as otherwise provided elsewhere in these Terms and Conditions or on the Website, anything that you submit or post to the Website, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and Artistivity shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Artistivity and shall not be returned to you.

    In addition to the rights applicable to any Submission, when you post comments or reviews to the Website, you also give Artistivity the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on the Website and that use of your reviews, comments, or other Content by Artistivity will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead Artistivity or third parties as to the origin of any Submissions or Content. Artistivity may, but shall not be obligated to, in its sole discretion, remove or edit any Submissions (including comments or reviews) for any reason.
     
  11. Links to Other Sites

    All the contents of the Website are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Website is/are the personal opinion of such experts/consultants/persons and are not subscribed to by this Website. All warranties and conditions, expressed or implied of any kind, regarding any matter pertaining to any goods, service or channel, including without certain links on the Website lead to resources located on servers maintained by third parties, these sites of third party(s) may contain Artistivity’s-logo, please understand that it is independent from Artistivity, over whom Artistivity has no control or connection, business or otherwise as these sites are external to Artistivity. You agree and understand that by visiting such sites you are beyond the Website. Artistivity, therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity, availability, suitability, reliability, accuracy of the information, software, products, services and related graphics contained, of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these site(s), as the same is provided on "as is" without warranty of any kind.
     
  12. Advertising Material

    Part of the Website contains advertising information or promotion material or other material submitted to Artistivity by third parties. Responsibility for ensuring that material submitted for inclusion on Website complies with applicable International and National law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Artistivity found on or through the Website, 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. Artistivity will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or 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 Website.
     
  13. Content on the Artistivity Network/Website

    Content on the Website is meant for all audiences. You understand that you will be exposed to user material from a variety of publishers and that Artistivity is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user material. You further understand and acknowledge that you may be exposed to user material that is 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 Artistivity with respect thereto.
     
  14. General Rules of Conduct

    You are solely responsible for the content or information you publish, display or otherwise communicate in any manner (hereinafter, "Post") on the Website, or transmit to other Vendor or Customer.

    You will not post on the Website, or transmit to other Vendor or Customer, or otherwise communicate any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Furthermore you will not take actions to promote the physical harm or harassment of another person, engage in or promote spamming, provide information that you know is illegal, false or misleading, or designed to exploit those under 18 or otherwise provide instructional information about illegal activities such as making or buying illegal weapons, violating someone else's right to privacy or providing or creating computer viruses.

    You will use the Website in a manner consistent with any and all applicable local, state, national and international laws and regulations in India

    You will not provide inaccurate, misleading or false information to Artistivity. If information provided to Artistivity or Customers, subsequently becomes inaccurate, misleading or false, you will promptly notify Artistivity of such change.

    You will not engage in advertising to, or solicitation of, other Vendors, Artists, and Customer to buy or sell any products or services other than Services through the Website. You will not transmit any chain letters or junk E-mail to other Vendors, Artists, and Customer.

    You will not post, copy, modify, transmit, show in public or private, create any derivative works from, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.

    No-Shows, Cancellations, & refund of payments

    Artistivity has the explicit right to temporarily suspend or permanently de-activate the membership/registration of any Vendors or Artists who has been a "no-show" for more than one Artistivity booking and/or fails to return the Customer's deposit or balance payment for said no-show. Artistivity has the explicit right to temporarily suspend or permanently de-activate the membership of any Artistivity Vendors or Artists, who cancels (for any reason) a booking on a Customer and subsequently fails to return the Customer's deposit or balance payment.

    Derogatory Comments & Slander

    Derogatory and/or slanderous comments made by any Vendor / Artist / Customer about other Vendor / Artist / Customer are not permitted.

    Booking Transaction Interference

    Vendors may not contact a Customer with an offer or suggestion to book a Artistivity Gig ("Gig" has an assigned Artistivity Gig ID number) outside of Artistivity. Vendors are not permitted to interfere with another Vendor's booking. Vendors are not permitted to email or telephone Customersin an open or completed booking to warn them away from hiring a Vendor. Discouraging Customers from hiring other Vendor is not permitted. Discouraging and/or preventing Customers from booking through Artistivity is not permitted.

    Farming of Customer Leads

    The act of 'farming' out Customer leads is not permitted. Artistivity defines 'farming' out of Customer leads as "to give up to another on condition of receiving in return a fixed sum", meaning – Vendors/Artists are strictly prohibited from taking Customer leads provided to them and transferring these Customer leads to non-Artistivity Vendors and entities. A Customer lead is only to be utilized by the Vendor/Artist who received said Customer lead from Artistivity. If Artistivity discovers that a particular Vendor is farming out Customer leads, Artistivity reserves the right to temporarily suspend or permanently remove said Vendor/Artisst from the Artistivity Website and to terminate registration of such Vendor/Artist.

    Member Profile Photos, Audio, & Video

    Artistivity is committed to providing our Users with a secure, comfortable environment. Nude, obscene, sexual behavior, sexual or otherwise offensive photos, audio samples, or video samples are subject to potential removal. If the subject in your photo would be considered unacceptable on a family friendly public beach or not permitted to be shown on regular television, your photo will not be permitted on Artistivity. Artistivity reserves the right to crop or reject any photo at our discretion. Artistivity reserves the right to reject any audio or video sample at our discretion.

    Memberships Which Dissolve Due to Breakups or Other Extenuating Circumstances.

    A Vendor or Artist can be either a solo act (with an agent listed as the contact person on the solo act's account), duo, trio, quartet, quintet, ensemble or full band) breaks up, Artistivity reserves the right to keep active, transfer, or terminate registration at the discretion of what Artistivity deems appropriate, unless outside legal counsel or court of law dictates to the contrary. Artistivity further reserves the right to keep active, transfer, or terminate previous Customer reviews attached to any Vendor/Artist profile at the discretion of what Artistivity deems appropriate, unless outside legal counsel or court of law dictates to the contrary. General rules of thumb:

    In the event of a duo breakup, both Vendors/Artists of the duo will typically need to re-register for new Artistivity registration in order to remain with Artistivity. In the event of a breakup involving larger groups (trio, quartet, quintet, ensemble or full band), majorities rule. For example, if a five person band breaks up, and four of the five members remain together, Artistivity will typically give these four members the right to hold onto the original Artistivity Membership and/or previous client reviews.
     
  15. No Agency

    You and Artistivity are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
     
  16. Notices

    Except as explicitly stated otherwise, any notices shall be given by postal mail to Artistivity. Attn: Legal Department, 16th floor, Virgo Heights, Bandra (W), Mumbai 400050, (in the case of Artistivity) or to the e-mail address you provide to Artistivity during the registration process (in your case). Notice shall be deemed given 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 Artistivity during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
     
  17. These Terms shall be governed by and shall be construed in accordance with the laws of India (“Applicable Laws”).
     
  18. Assignment

    You cannot assign or otherwise transfer this Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. Artistivity's rights and/or obligations under the Agreement are freely assignable or otherwise transferable by Artistivity to any third parties without the requirement of seeking Your prior consent. Artistivity may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. Artistivity shall have right to transfer Your Freecharge account and Information to a third party who purchases Artistivity’s business as conducted under the Website.
     
  19. Severability

    If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. Artistivity may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of this Agreement.
     
  20. Waiver

    Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under this Agreement or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
     
  21. Force Majeure

    If performance of any service or obligation under this Agreement by Artistivity is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Artistivity or its third parties performing such services as sub-contractor to Artistivity and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then Artistivity shall be excused from such performance to the extent of and during the period of such Force Majeure Event. Artistivity shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.
     
  22. Notwithstanding the foregoing, such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until Artistivity chooses to terminate them.
     
  23. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES. Website, Services and all Information, content, materials, and service Artistivity s included on or otherwise made available to You through Website, or Services are provided by Artistivity on an "as is" and "as available" basis. Unless otherwise specified in writing, Artistivity makes no representations or warranties of any kind, express or implied, as to the operation of Website, Services, information, any application, content including without limitation: (A) any implied warranties of merchantability, satisfactory quality, suitability, relaibility, completeness, performance, fitness for a particular purpose, title, or non-infringement; (B) that Website, or Services will meet Your requirements, will always be available, accessible, uninterrupted, timely, secure, operate without error, or will contain any particular features or functionality; (C) any implied warranty arising from course of dealing or trade usage, unless otherwise specified in writing. You expressly agree that Your use of Website and/or Services is at Your sole risk and are using Your best and prudent judgment before entering into any transactions through Website and/or Services; (D) electronic communications sent through Website and/or Services are free of viruses or other harmful components.
     
  24. To the fullest extent permitted by applicable law, We and Our affiliates (and Our and their respective employees, directors, agents and representatives) will not be liable for any indirect, incidental, punitive, or consequential damages arising out of or in connection with these Terms and Conditions, Website, Services (including the inability to use the Services). In addition, and without limiting the foregoing, to the fullest extent permitted by applicable law, We and Our affiliates (and Our and their respective employees, directors, agents and representatives) will not be liable for any damages arising out of or in connection with any Services or transactions entered into through the Services. To the fullest extent permitted by applicable law, in no event will Our or Our affiliates’s (and our and their respective employees, directors, agents and representatives) aggregate liability arising out of or in connection with this agreement or the transactions contemplated hereby, whether in contract, tort (including negligence, product liability or other theory), warranty, or otherwise, exceed INR 100/- (Indian Rupees One Hundred only).
     
  25. You agree to defend, indemnify and hold Artistivity, and its affiliates and their respective officers, directors, agents and employees, harmless from and against any claims, actions, demands, liabilities, judgments, and settlements, including without limitation, reasonable legal fees resulting from or alleged to result from breach of Your representations, warranties, or obligations set forth in these Terms and Conditions; or any actual or alleged infringement, misappropriation or violation of any third-party rights or applicable law by Your trademarks used in connection with the or using the Website and/or Service; or any transaction by You through the Website and/or Service. 
     
  26. In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of Artistivity for the purpose of this Agreement shall be:

Mr. Sanjay Ahire
Email address: grievances@artistivity.com

Artistivity may change the aforesaid details from time to time under intimation to You.