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Welcome to Arts India US (“Arts India”)! We are committed to supporting Indian classical performing artists and the broader arts community by sharing information, resources, connections and other offerings. These Terms of Access (“Terms”) explain how you may access, interact with, or use (“Access”) Arts India’s digital properties, including without limitation, artsindiaus.org, mobile websites or apps, Arts India’s profiles on social media sites, email addresses and discussion groups, online forms, and any other Arts India digital services, content, or properties (collectively, "Arts India Sites"). When you Access any Arts India Site, you are accepting these Terms and the Arts India Privacy Notice (“Privacy Notice”), so please read these Terms and the Privacy Notice carefully.

1. Accessing Arts India Sites

We want Arts India Sites to be welcoming, respectful, and helpful spaces for artists, educators, presenters, organizations, and others who participate in the performing arts community. You agree to Access Arts India Sites lawfully, respectfully, and in a way that does not interfere with the experience or rights of other users or with Arts India’s ability to operate Arts India Sites.

Certain features, programs, memberships, fellowships, events, or other offerings may have additional terms, policies, agreements, or standards (“Additional Terms”). Those Additional Terms are also a part of these Terms. If there is a conflict between these Terms and Additional Terms that specifically apply to a particular offering, the Additional Terms shall govern that offering.

2. Changes to Arts India Sites and Terms

We may add, change, pause, or discontinue features, properties, programs, services, or content from time to time. We may also update these Terms as our offerings evolve. When we do, we will post the updated Terms on Arts India Sites. Your continued Access of Arts India Sites after an update means that you accept the revised Terms.

3. Arts India Content and Intellectual Property

Arts India Sites contain content created by, on behalf of, or for Arts India, as well as content provided by artists, partners, sponsors, members of the community, or other licensors, (“Arts India Content”). Arts India Content may include, but is not limited to, articles, research, reports, survey results, directories, databases, compilations, photographs, illustrations, artwork, audio and video recordings, podcasts, graphics, logos, trademarks, software, arrangements, designs, and other materials. Arts India Content is protected by copyright, trademark, and other applicable intellectual property laws. Unless otherwise indicated, Arts India owns the rights to Arts India Content that is created by, on behalf of, or for Arts India.
 

We welcome you to Access Arts India Content for your personal, noncommercial use and for purposes consistent with Arts India’s mission as long as you respect copyright, trademark, and other notices appearing with the content and do not remove or obfuscate any such notices. You may not reproduce, modify, distribute, publish, sell, commercially exploit, or create derivative works of Arts India Content without permission, except to the extent permitted by law or expressly allowed through Arts India Sites.

You may not use Arts India trademarks, logos, or other branding without our prior written permission.

Some offerings may allow you to copy or download certain Arts India Content. In the instances where these functionalities exist, all the restrictions in these Terms still apply.

Nothing in these Terms prevents you from exercising rights that you have under applicable copyright or other laws.

4.  Artist Profiles and Submissions

Arts India may invite you to create an artist profile or submit content such as biographies, photographs, videos, performances, artwork, comments, announcements, opportunities, or other materials (“Artist Submissions”). You retain ownership of your Artist Submissions.

By submitting content to Arts India, however, you do give Arts India a worldwide, non-exclusive, perpetual, royalty-free, fully-paid, and sublicensable license to use, reproduce, display, perform, distribute, edit, adapt, and otherwise use that content as reasonably necessary to operate and promote Arts India Sites and Arts India’s programs and mission. This may include displaying your profile or work in an Arts India directory, sharing it through Arts India communications or social media, and featuring it in promotional materials. This license does not transfer ownership of your work to Arts India. You remain free to use your work elsewhere and to give others permission to use it.

By submitting content to Arts India, you also represent that you have the rights and permissions necessary to submit the content and to grant Arts India the rights described above. If your submission includes another person's image, performance, music, artwork, or other protected material, you are responsible for obtaining any permissions that may be required.

You understand that information and content that you choose to make publicly available through Arts India Sites may be viewed, copied, or shared by others. Arts India cannot control how third parties use publicly available information.

We may remove an Artist Submission if we believe it violates these Terms, applicable law, or the rights or safety of Arts India or another party.

5.  Accounts and Registration

Some offerings may require registration or an account. When registering or creating an account, provide information that is accurate and current, and update it when necessary. Your registration and account information is intended for your use only and should not be shared with others. You are responsible for maintaining the security of your login credentials and for activity occurring through your account. If you believe someone has accessed your account without your permission, please let us know immediately.

We may also Access, preserve and disclose your account information and Artist Submissions if required to do so by law or in a good faith belief that such Access, preservation or disclosure is reasonably necessary to comply with a legal process, address legal claims, respond to your requests for customer service, or protect the rights, property or personal safety of Arts India, other parties, or the public.

6.  Community Behavior

Arts India exists to foster connection and collaboration within the performing arts community. Everyone Accessing Arts India Sites must help maintain a respectful and constructive environment. When Accessing Arts India Sites, you may not:

• impersonate another person or organization;

• provide information that you know to be false or misleading or that you know contains fictitious statements;

• post or share content that you do not have the right to share;

• infringe another person's copyright, trademark, other intellectual property, privacy, publicity, or other rights;

• engage in harassment, threats, discrimination, or other abusive conduct;

• post unlawful, defamatory, hateful, obscene, or otherwise inappropriate or objectionable content;

• attempt to obtain another person's password, account information, or other private information;

• collect, store, or use other users' personal information without appropriate authorization;

• distribute spam, malware, or other harmful material;

• circulate unsolicited or unauthorized advertising, promotional materials, political messaging, “junk mail”, “chain letters”, “pyramid schemes”, or other forms of solicitation;

• attempt to gain unauthorized access to Arts India Sites or another person's account;

• jeopardize the security of your account or anyone else’s (such as allowing someone else to use your credentials)

• interfere with the proper operation or security of Arts India Sites (including by placing an unreasonable load on the infrastructure);

• crawl, scrape or systematically collect or copy substantial amounts of information or significant information from Arts India Sites;

• reverse engineer or attempt to obtain the source code of Arts India Sites; or

• train, develop, test, or enhance large language models (LLMs) or other artificial intelligence or machine-learning systems with information from Arts India Sites or Arts India Content.

We may remove or limit access to Arts India Sites when necessary to address violations of these standards or to protect other users, Arts India, or Arts India Sites.

7. Opportunities, Directories, Advertisements, and Other Third-Party Information

Arts India may provide directories, listings, announcements, performance opportunities, educational opportunities, grants, funding information, and other resources supplied by Arts India or third parties.

Our goal is to provide useful information, but opportunities and other information can change. Arts India does not guarantee that a listing, opportunity, organization, individual, product, service, or other information available through the Arts India Sites will remain available, accurate, complete, or current.

Arts India Sites may contain advertisements, but the inclusion of advertisements on Arts India Sites does not imply endorsement of the advertised products or services. Arts India shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on Arts India Sites. Further, Arts India shall not be responsible for the statements or conduct of any third-party advertisers appearing on Arts India Sites. You are responsible for any correspondence or transactions you have with any third-party advertisers.

Other information provided by third parties reflects the views and responsibility of those third parties, not necessarily those of Arts India. Arts India does not endorse every organization, individual, opportunity,  product, service, or viewpoint that may appear on the Sites.

If you choose to pursue an opportunity, engage an artist or organization, purchase a service, or otherwise interact with a third party you discover through Arts India, that relationship is between you and the third party. We encourage you to make whatever inquiries or checks you consider appropriate before entering into an arrangement.

8. Links to Other Websites and Social Media

Arts India Sites may include links to other sites, social media, and services. A link does not necessarily mean that Arts India endorses the organization, product, service, or content to which the link leads. Arts India does not control the activities or operations of these third parties and does not assume responsibility for their content, policies, security, or practices. Such links are provided for convenience only, and Arts India makes no representations or warranties with respect to any linked site.  

Content shared on Arts India’s social media profiles may be subject to the terms and policies of the social media platform hosting that content. Information (comments, photos, videos, etc.) you share with or post to Arts India social media profiles is subject to the terms of service of the host sites and may be used by the owners of the host sites for their own purposes under the host site user policies.

9. Privacy

Arts India’s collection and use of personal information is described in our Privacy Notice, which is incorporated into these Terms.

10. Fees and Payments

Arts India may offer some programs and services at no cost and may charge fees for others. If an offering that was previously free becomes a paid offering, we will provide notice before charging a fee.

Payments may be processed through a third-party payment provider. Any applicable payment terms presented when you register for or purchase an offering are part of these Terms. Third-party payment providers may also have their own terms and privacy policies.

If you choose to receive text messages from Arts India, your wireless carrier's message and data rates may apply.

11. Copyright-Related Concerns

Arts India respects the rights of artists, creators, and copyright owners. If you believe that material available through Arts India Sites infringes your copyright, you may notify Arts India’s designated copyright agent in accordance with the Digital Millennium Copyright Act (“DMCA”).

Per the DMCA, a copyright notice should include the following  information: 

• a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

• identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

• information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

• a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Arts India may remove or restrict access to material in response to a valid copyright notice and may take appropriate action concerning repeat infringement. A person whose material has been removed may submit a counter-notification as permitted by the DMCA.

Designated Copyright Agent:
[INSERT NAME / ADDRESS / EMAIL]

12. Disclaimer

Arts India is a nonprofit organization created to support the performing arts community. We make Arts India Sites, Arts India Content, and other resources available in furtherance of that mission. We strive to make our offerings accessible and helpful. 

At the same time, many of our offerings depend on the quality of information provided by artists, organizations, sponsors, presenters, educators, and other members of the community. For that reason, Arts India Sites and Arts India Content are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Arts India does not make warranties that Arts India Sites, Arts India Content, and other offerings will always be available, uninterrupted, error-free, secure, or completely accurate or current. 

Furthermore, Arts India’s offerings are not substitutes for professional legal, financial, tax, medical, or other professional advice. Please consult an appropriately qualified professional when you need advice specific to your situation.

13. Limitation of Liability

To the fullest extent permitted by law, Arts India and its directors, officers, trustees, employees, volunteers, agents, contractors, partners, licensors, and service providers shall not be responsible for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, data, goodwill, or business opportunities, arising from or related to your Access of Arts India Sites or Arts India Content. This includes matters arising from third-party content, websites, products, services, opportunities, transactions, or interactions between users.

To the fullest extent permitted by law, Arts India’s total liability for claims arising from or relating to Arts India Sites, Arts India Content, or these Terms shall not exceed the greater of $100 or the amount you paid to Arts India during the twelve months preceding the event giving rise to the claim. Some jurisdictions do not permit certain limitations of liability. In those jurisdictions, these limitations shall apply only to the extent permitted by law.

15. Reimbursing Arts India for Your Violations

If your actions or Artist Submissions violate these Terms or another person's rights and result in a claim against Arts India, you agree, to the fullest extent permitted by law, to reimburse Arts India for reasonable losses, costs, and expenses resulting from that claim. Arts India will provide reasonable notice of a claim when practicable.

16. Suspension or Termination

You may stop Accessing Arts India Sites at any time. Arts India may suspend or end your Access to Arts India Sites, an account, or offering when reasonably necessary to address a violation of these Terms, protect the Arts India community or Arts India Sites, comply with law, or protect Arts India's rights.

Some provisions of these Terms, including those concerning intellectual property, Artist Submissions, privacy, limitations of liability, and other provisions that by their nature should continue to have effect, shall remain effective after termination.

17. Governing Law and Disputes

These Terms are governed by the laws of the State of New Jersey, without regard to its conflict-of-law rules. Any legal proceeding arising from these Terms or your Accessing the Arts India Sites shall be brought in the state or federal courts located in Morris County, New Jersey, unless applicable law requires otherwise. To the fullest extent permitted by law, any claim relating to your Access of Arts India Sites or these Terms must be brought within one year after the event giving rise to the claim.

18. Other Legal Terms

These Terms, together with the Privacy Notice, Additional Terms, and applicable click-through agreements, constitute the agreement between you and Arts India concerning your Access of the Sites. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in effect. Arts India’s decision not to enforce a particular provision does not prevent us from enforcing it later. You may not transfer your rights or obligations under these Terms without Arts India’s prior written consent. Arts India may transfer these Terms as part of a reorganization, merger, acquisition, or transfer of substantially all of its assets or operations. 

19. International Use

Arts India operates in the United States. If you Access Arts India Sites from outside the United States, you are responsible for complying with the laws in your location.

20. Contact Us with Questions

Please contact us through the Arts India “Contact Us” page with any questions.