Art Submission Terms
Effective: October 1st, 2021
1. USER ACCEPTANCE
By submitting your work of art (Your Work) to the Website for consideration you accept these Art Submission Terms. If you do not agree with these Art Submission Terms then you must not submit Your Work to the Website. We may display your submitted art for the period deemed suitable but we will always have your art in our database.
These Art Submission Terms and the Terms and Conditions relating to the use of the Website constitute the entire agreement between you and Children’s Art Museum of India in relation to the initial submission of Your Work and they supersede all other agreements, statements, letters and other arrangements made between the parties.
This Website, under the name and style “www.childrensartmuseumofindia.com”, is also an online forum in the form of a medium that has been formed to enable visitors, including current or potential customers, alliance partners or potential alliance partners, financial and industry analysts, investors, vendors/suppliers, media & journalists, job seekers, current and former employees, researchers or academicians, contestants and others, to gather information about CAMI and to interact with CAMI by sharing their queries through the website contact forms.
Artwork by artists under the age of 18 years must be submitted under the guidance of their legal guardian or parent. The submitted artwork must be suitable for viewing by all age groups (art should not include any 3rd party branding, political and legal promotion, violent activities, alcohol or drug abuse, pornographic elements, strong language, misleading message and other inappropriate content.)
Any copyright infringement on account of someone downloading, copying or using any material from the CAMI's portal will not be the responsibility of the Children's Art Museum of India. The creator understands this limitation and waives all rights to redressal on account of the same.
These Art Submission Terms and any matter arising out of the subject matter of these Art Submission Terms shall be governed by Indian law and you agree to submit to the non-exclusive jurisdiction of the courts of Gurgaon, Haryana (IN).
2. USER OWNERSHIP
Children’s Art Museum of India offers its services to artists through the Website to enable and assist artists who wish to participate in our scheme to display and feature images of their original artwork including, lens-based media, fine art, paintings, mixed media, sculpture, video installations, street art and other media (Artist Submissions).
The responsibility of ensuring originality and ownership of art or giving credit to inspirations/references solely rest with the person uploading the art. Any consequences of copyright infringement/violations will be the sole responsibility of the individual who uploads the art and not of the platform.
It may happen on a periodical basis, a panel of selected specialists and the Website users select submissions to be featured and showcased at Children’s Art Museum of India discretion on the Website and in Children’s Art Museum of India offline partners editorial pages and newsletters (subject to limitations of space, suitability and other editorial considerations).
Without prejudice to any other legal remedy that may be available to us, we reserve the right to reject any Artist Submission (either before or after it has been selected as a Featured Artist Submission) and remove it from the Website and any other publications or circulars, if we determine, at our sole discretion, that the Artist Submission fails to comply with those requirements.
Children’s Art Museum of India expressly disclaims any and all liability in connection with Artist Submissions. Children’s Art Museum of India reserves the right to remove any Artist Submissions from the Website and from the consideration process by the law, in its sole discretion and without prior notice (whether on the basis of a breach of warranty or obligation under these Artist Submission Terms or for any other reason). Further, the Children’s Art Museum of India reserves the right to terminate any user's access to the Website at any time in its sole discretion and without prior notice. Artists who, in the sole opinion of Children’s Art Museum of India, do not comply with these Art Submission Terms, may at any time be excluded from consideration.
3. YOUR WARRANTIES
By submitting Your Work, you hereby warrant, covenant and represent to us as set out below:
Your Work is your original artwork, it has not been copied from any other work and does not contain any copies, reproductions, adaptations or versions of a third party’s work and it does not otherwise infringe or violate any persons copyright, design right, trademark or confidential information.
You are the sole owner of all rights, titles and interests in the copyright in Your Work. You have not granted any licences to third parties to exploit Your Work (except rights which have now lapsed).
Your Work (including the original version and any reproductions) is not and has not been reproduced, promoted or sold for any commercial purposes and you are the sole owner and are in possession and control of the original version of Your Work.
By accepting this agreement, you give us permission to share your artwork across our social media platforms.
Your Work does not contain anything which is or would be (if Your Work is published) in breach of applicable laws or infringes any third-party rights (such as material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred or menacing).
You agree to indemnify Children’s Art Museum of India and keep it indemnified on demand against any loss or liability arising to Children’s Art Museum of India or any of its directors, officers, employees or members out of the breach of any of the warranties above and against any breach of your obligations under these Art Submission Terms.
You agree to notify us at email@example.com if any of the representations above is incorrect or misleading in any way.
4. MISCELLANEOUS MATTERS
You acknowledge and agree that the words Children’s Art Museum of India, CAMI and childrensartmuseumofindia.com and any other name, logo and sign used on the Website, as well as the design and layout and all content of the Website (including Featured Artist Submissions) are the trademarks, copyright and other intellectual property rights of Children’s Art Museum of India and are owned solely by (or licensed to) Children’s Art Museum of India. You shall not acquire any title, right or interest (including any user right) in any such intellectual property by reason of your submission of Your Work to the Website or by reason of its possible selection as a Featured Artist Submission. You acknowledge and agree that any use of our intellectual property is subject to our prior written consent. It is totally upto Children's Art Museum International to decide whether to publish or not publish your work. You (user) cannot hold CAMI/ Children's Art Museum liable to any such liability.
If you become aware of any unauthorised use or misuse of Your work or any actual or suspected infringements of the copyright in Your Work during the ninety (90) days consideration period or after Your Work has been published (each, an Unauthorised Use), you shall notify us forthwith in writing giving such particulars of such Unauthorised Use as may be available in the circumstances. You shall not take or threaten any action or legal proceedings and shall not make any threats, complaints or statements to any third party in relation to such Unauthorised Use. Children’s Art Museum of India in its sole and unfettered discretion shall decide whether to take any action or make any threats or statements in relation to such Unauthorised Use. You agree to provide to Children’s Art Museum of India (at your expense) such assistance, information and documentation as we may reasonably require in connection with the enforcement of the rights assigned to us under these Art Submission Terms against any third party.
Limitations On Liability
In no event shall Children’s Art Museum of India be liable to you for any damages, including any lost profits or savings or anticipated profits or savings, loss of data, loss of opportunity, loss or reputation, goodwill or business, or any consequential, special, incidental, or indirect damages of any kind arising out of the services provided by Children’s Art Museum of India or its failure to provide these services, the consideration, selection or rejection of Your Work or any other Artist Submission or out of the operation of the Website, or the content of the Website, or the exploitation of any Featured Artist Submission, or as a result of the exercise or inability to exercise the rights granted to Children’s Art Museum of India hereunder or as a result of the termination or expiry of these Art Submission Terms, even if we have been advised of the possibility of such damages in advance.
Children’s Art Museum of India may terminate these Art Submission Terms by giving you notice in writing (including email) upon any breach by you of any of the warranties or obligations under these Art Submission Terms or any of the Terms and Conditions relating to the use of the Website. Termination of these Art Submission Terms shall not affect any accrued rights or obligations of either party but shall release both Children's Art Museum of India and you from any further obligations hereunder.
Nothing in these Art Submission Terms shall create, or be deemed to create, a partnership or joint venture between you and the Children’s Art Museum of India. Except as expressly provided herein, these Art Submission Terms shall not be construed as giving rise to the relationship of principal and agent or to any authority by you to represent or act on our behalf.
If at any time any provision of these Artist Submission Terms are or become illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect the legality, validity or enforceability in that jurisdiction or any other jurisdiction of any other provision of these Art Submission Terms.
A person who is not a party to this Agreement shall have no right to enforce the provisions of this Agreement.
No omission or delay in exercising any right, power or privilege under these Art Submission Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or of any other right, power or privilege. The rights and remedies herein provided are cumulative with and not exclusive of any right or remedies provided by law.