Disclaimer

Art for Abhi welcomes you to this website. By viewing the pages of this website, you acknowledge that you have read and accepted these Terms of Use, Copyright, Legal Disclaimers and Privacy Policy for Art for Abhi, the event, the opportunity drawing, the art and artists, effective October 15, 2020.

Your use of the Art for Abhi website (“website”), including its opportunity drawing and Art Gallery portion, is conditioned upon your acceptance of these legal terms of use (which includes our legal disclaimers and privacy policy). Art for Abhi reserves the right, in its sole discretion, to modify or update these legal terms of use from time to time with immediate effect and without advance notice to you. It is your responsibility to review these legal terms of use periodically for updates.

AFTER READING THESE LEGAL TERMS AND CONDITIONS OF USE, IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS OF USE OR OUR PRIVACY POLICY, PLEASE EXIT THIS WEBSITE IMMEDIATELY. OTHERWISE, BY ACCESSING AND USING THIS WEBSITE, YOU ARE AGREEING TO THESE TERMS OF USE AND OUR PRIVACY POLICY.

RIGHTS TO COPY, CONTENTS AND INTELLECTUAL PROPERTY

Please note that this website and its entire contents are protected under the State of California, United States of America, Copyright Laws and Regulations in its entirety as well as The United States of America Federal Copyright Laws and Regulations in its entirety and any associated International Treaties and Copyright Laws. Violating Copyright (Rights to Copy, Contents and Intellectual Property) of Art for Abhi, the Artists featured and the artwork featured directly or indirectly in any way is a Federal Crime and may result in International Prosecution.

The copyrights to all original materials, content, selection, and arrangement of the website (including text, user, and visual interfaces, images, look and feel, design, sound, etc. and any underlying software and computer codes) are proprietary to Art for Abhi, its parents, affiliates, subsidiaries, or third party licensors. You may not copy, reproduce, post on any other website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Website or make any derivative works from this Website in any way without the express prior written consent of Art for Abhi.

Any name, logo, trademark, service mark, patent, design, copyright, domain name or other intellectual property appearing on this website is owned or licensed by Art for Abhi or its parents, affiliates, or subsidiaries and may not be used by You without the prior written consent of Art for Abhi or the appropriate owner (Artist). Your use of this website does not grant you any right, title, interest or license to any such intellectual property appearing on this website. Any unauthorized use of the content of this website may subject you to civil or criminal penalties.

 

DISCLAIMERS

ARTWORK AND ARTIST DISCLAIMER

Images and descriptions of all artwork are reproduced and displayed to reflect the art piece and artist as accurately as possible online; actual pieces can vary slightly in coloring, shading, lighting, framing, not framing, medium and sizing. However: actual colors of art works (both original and reproduced) may appear different in actual reality than on your computer screen or mobile device. This is due to the fact that every computer monitor has a different capability to display colors and that everyone sees these colors differently. Therefore, we cannot guarantee that the color you see on your screen accurately portrays the true color of the actual art work, 

 

Furthermore, sizes may vary slightly. Art works are estimated at the most accurate sizes possible. Art works are manufactured by a custom/handcrafted process that cannot always guarantee exact dimensions. For example, an art work that is 22” x 30” may actually measure 21.9” x 30.05”. This is also because art surfaces (canvas, paper, etc.) are often handmade (not exact) and affected by environmental changes (may for instance expand or contract in ways that are outside of the artist’s control).

 

Art for Abhi, its parents, affiliates, subsidiaries, third party licensors, or the featured artists cannot be held liable in any way for differences between the display of the work you view on-line or on your device(s) and the actual art work (original or reproduced) received; further, cannot be held liable in any way for slight differences between the desired size of the work you view on-line and the actual art work (original or reproduced) received.

SHIPPING AND HANDLING DISCLAIMER

Both original and reproduced works are fragile and can be damaged easily once opened or handled. Great care needs to be taken when works are unpacked from the shipping material and containers as to not damage an art work. Art for Abhi, its parents, affiliates, subsidiaries, third party licensors or artists cannot be held liable in any way for damaged, destroyed work, incorrect packing, careless unpacking, framing or hanging methods.  

USING THIS WEBSITE

Art for Abhi maintains this website for your personal viewing, entertainment, information and education. You should feel free to browse the website. However, all copying (whether electronic, hard copy, or other format) is prohibited and may breach intellectual property laws and other laws worldwide.

All commercial use of all or part of this Website is prohibited except under Art for Abhi’s express written consent. All rights not expressly granted here are reserved to Art for Abhi. You may not use any computer program tools, including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm, or methodology, or any similar equivalent process (“Tools”) to access, acquire, copy or monitor any portion of the website or content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the website. Tools that use the website shall be considered agents of the individuals who control or author them.

LIMITATION OF LIABILITY

In no event shall Art for Abhi, the artists, its parents, affiliates, subsidiaries or service providers, its licensors, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability what so ever, arising out of or in connection with the use or performance of, or your browsing in, or your inks to other websites from, this website. You acknowledge by your use of this website, that your use of this website is at your sole risk.

NO GUARANTEES OR WARRANTIES PROVIDED

Art for Abhi assumes no responsibility, and shall not be liable for any damages caused by viruses or other forms on contamination or destructive features that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing in the website or your downloading of any materials, text, images, video or audio from the website or any linked website(s). Art for Abhi DOES NOT REPRESENT THAT THIS WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THIS WEBSITE WILL PROVIDE SPECIFIC RESULTS. THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY.

INDEMNIFICATION

You agree to defend, indemnify and hold Art for Abhi, the artists, its parents, affiliates, or subsidiaries harmless from and against any and all claims, damages, costs and expenses, including reasonable attorney’s fees, arising from or related to your use of the website.

COMMUNICATIONS WITH THIS WEBSITE

Art for Abhi cannot prevent the harvesting of information from this website, and you may be contacted by Art for Abhi or unrelated parties, by email or otherwise, within or outside of the parameters or control of this website.

Any communication or material you transmit to the website (visual or written or audio) by email or otherwise, including data, questions, comments, or suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit may be edited by or on behalf of Art for Abhi, may or may not be posted to this website at the sole discretion of Art for Abhi and may be used by Art for Abhi or its affiliates for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Art for Abhi may from time to time monitor or review discussion, chats, postings, transmissions, and bulletin boards, and the like on the website, however: Art for Abhi is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations, on the website. Art for Abhi assumes no responsibility or liability for any actions or communications by you or any related third party within or outside of this website.

You are prohibited, with any reference to or from this website, from linking, associating, posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. Art for Abhi will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that you have had with this website, disclosing your identity or helping to identify you, with any applicable law or regulation, law enforcement authorities, court order, or governmental authority.

Art for Abhi is free to use any ideas, concepts, know-how, or techniques contained in any communication you may send to the website for any purpose what so ever, including, but not limited to, developing, manufacturing and marketing products use of such information. If you transmit any ideas, concepts, materials or other communications to the website, you accept that it will not be treated as confidential and may be used by Art for Abhi without compensation in any manner whatsoever, including without limitation to reproduction, transmission, publication, marketing, product development, etc.

TERMINATION

At its sole discretion, Art for Abhi may modify or discontinue the website, or may modify or terminate your account or your access to this website, for any reason, with or without notice to you and without liability to you or any third party.

UNAFFILIATED PRODUCTS AND WEBSITES AND LINKING TO OTHER WEBSITES

Descriptions of, or references to, products, publications or websites not owned by Art for Abhi or its affiliates do not imply endorsement of that product, publication, or website. Art for Abhi has not reviewed all material linked to the website and is not responsible for the content of any such material.

Your linking to any other websites is at your own risk. This website may provide, as a convenience to you, links to websites owned or operated by parties other than Art for Abhi. Each linked website may have its own terms and conditions of use, as described in that website’s legal notice/terms of use. Those terms and conditions may be different than these legal terms of use, and we urge you to read each website’s legal notice/terms carefully before you use that website. Art for Abhi does not control, and is not responsible for the availability, content or security of these external websites, nor your experience interacting or using these external websites. Art for Abhi does not, by any means, endorse the content, or any products or services available, on such websites. This also pertains to social media of any kind and any other forms of linking that may or may not include websites.

UNITED STATES GOVERNING LAW / VOID WHERE PROHIBITED

This website shall be governed by, and your browsing in and use of the website shall be deemed acceptance of and consent to, the laws of the State of California, United States of America, without regard to principles of conflict of laws. Notwithstanding the foregoing, this website may be viewed internationally and may contain references to products or services not available in all countries.

References to a particular product or service does not imply that they are appropriate or available to all persons of legal age in all locations, or that Art for Abhi intends to make such products or services available in such countries. Any offer for any product, feature, service, or application made on this website is void where prohibited. Your information will be transferred to Art for Abhi in the United States, which may be outside of your own country, and by providing us with your information, You are consenting to such transfer. Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties.

OPPORTUNITY DRAWING RULES

A monetary donation is not required to participate in the opportunity drawing. A donation does not increase odds of winning. Open to legal residents of the United States who are 18 years of age and older. Void where prohibited. Please complete the form in the “How it Works” Section of the website in Step 1 to enter. Maximum one entry per household for donors and non-donors. Only entries completed and submitted through the Art for Abhi website form may be used to enter the opportunity drawing. Art for Abhi, the artists, its parents, affiliates, or subsidiaries is not responsible and shall not be held liable for undeliverable, lost, delayed, misdirected or misaddressed email or any other issues regarding the electronic delivery of the contest form. This includes, but is not limited to, the speed at which your email service routes email through the internet. The sole determiner of eligibility for the final drawing will be the time the email or entry form is received by Art for Abhi. Winner will be selected at random from all eligible entries received. Art for Abhi, shall not be held liable for any errors that may or may not occur in this process.

By participating in the opportunity drawing, participants agree to be bound by the decisions of of Art for Abhi founders. Persons who violate any rule, gain unfair advantage in participating in the contest, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. Art for Abhi will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the contest and Art for Abhi’s decisions concerning such disputes shall be final. If the conduct or outcome of the contest is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of Art for Abhi, Art for Abhi reserves the right to terminate this contest, or make such other decisions regarding the outcome as Art for Abhi deems appropriate. All decisions will be made by Art for Abhi and are final. Art for Abhi may waive any of these rules in its sole discretion. Any attempt by an entrant or any other individual to deliberately circumvent, disrupt, damage or undermine the legitimate operation of this opportunity drawing is a violation of criminal and civil laws. Should such an attempt be made, Art for Abhi reserve the right to seek civil and/or criminal prosecution and/or damages from any such person to the fullest extent permitted by law. 

The prize(s) that may be awarded to the eligible winner(s) are not transferable, redeemable for cash or exchangeable for any other prize. Participants must provide valid and accurate contact information. If a winner cannot be contacted or is disqualified for any reason, Art for Abhi reserves the right to determine an alternate winner or not to award that winner’s prize, in its sole discretion. 

All Entries become the property of Art for Abhi and will not be receipt acknowledged or returned. Opportunity drawing may be discontinued at any time without notice. 

By participating in the opportunity drawing, where allowed by law, all participants and winner(s) grant Art for Abhi exclusive permission to use their names, characters, photographs, voices, videotape, and likenesses in connection with promotion of this and other contests and waive any claims to royalty, right, or remuneration for such use.