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Art Submission Terms 

​Effective: 1st September 2022

1. USER ACCEPTANCE

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This document (the Art Submission Terms ) contains important legal terms which are additional to the Privacy Policy relating to the use of the Children’s Art Museum International website (the Website). These Art Submission Terms apply to you if you submit art for consideration to be featured and showcased by CAMI. You are referred to in these Art Submission Terms as the Artist or as you. You should read these Art Submission Terms carefully.

 

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.  

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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 International in relation to the initial submission of Your Work and they supersede all other agreements, statements, letters and other arrangements made between the parties.

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This Website, under the name and style “www.childrensartmuseum.org”, 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, religious content/ point of view and other inappropriate content.)

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You understand and agree that your data may be hosted on secure servers in locations other than your country of residence. 

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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 International. 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 New Delhi (IN).

 

2. USER OWNERSHIP

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Children’s Art Museum International 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).

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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.

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It may happen, a panel of selected specialists and the website users select submissions to be featured and showcased on Children’s Art Museum International website and in Children’s Art Museum International offline partners' editorial pages and newsletters.

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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. By registering and showcasing your artwork on our platform (Chidlrensartmuseumofindia.com / CAMI), you grant us the rights to display, utilize, and process your creative content, along with associated information and data, as outlined in our privacy policy.

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Children’s Art Museum International expressly disclaims any and all liability in connection with Artist Submissions. Children’s Art Museum International 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 International 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 International, do not comply with these Art Submission Terms, may at any time be excluded from consideration.

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3. YOUR WARRANTIES

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By submitting Your Work, you hereby warrant, covenant and represent to us as set out below:

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  • 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 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 grant us the rights to showcase and promote your artwork in various digital spaces. This includes sharing your artwork on our social media platforms, metaverse platforms, and gaming platforms. Additionally, we may also have the opportunity to host your art on third-party websites, incorporate it into our marketing campaigns, and utilize it for analytics purposes. We appreciate your trust and support in allowing us to amplify your creative work across different channels.

  • 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).

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You agree to indemnify Children’s Art Museum International and keep it indemnified on demand against any loss or liability arising to Children’s Art Museum International 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.

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You agree to notify us at hello@childrensartmuseum.org if any of the representations above is incorrect or misleading in any way.

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4. MISCELLANEOUS MATTERS

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Intellectual Property

You acknowledge and agree that the words Children’s Art Museum International, CAMI and childrensartmuseum.org  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 International and are owned solely by (or licensed to) Children’s Art Museum International. 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 International 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 International (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.

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You can contact us on hello@childrensartmuseum.org for any further concerns. 

 

Limitations On Liability

In no event shall Children’s Art Museum International 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 International 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 International 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. 

 

Termination

Children’s Art Museum International 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 International and you from any further obligations hereunder.

 

General terms

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 International. 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.

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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.

 

Indemnity

You agree to indemnify, defend and hold harmless us, and our respective directors, officers, employees and agents (collectively, "Parties"), from and against any losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or maybe payable by, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed according to these Terms of use. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with:

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  1. Your use of the website,

  2. Your violation of these Terms of use.

  3. Your violation of any rights of another.

  4. Your alleged improper conduct according to these Terms of use.

  5. Your conduct in connection with the website.

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You agree to fully cooperate in indemnifying us at your expense. You also agree not to settle with any party without consent from us.

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In no event shall we be liable to compensate you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not you had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with your use of or access to the website and/or the services or materials contained therein.

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Limitation Of Liability

  1. We are not responsible for any consequences arising out of the following events:

    1. If the website is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure.

    2. If you have fed incorrect information or data or for any deletion of data.

    3. If there is an undue delay or inability to communicate through email.

    4. If there is any deficiency or defect in the services managed by us.

    5. If there is a failure in the functioning of any other service provided by us.

  2. The website accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to you, your belongings, or any third party, resulting from the use or misuse of the website or any service availed of by us through the website. The service and any Content or material displayed on the service is provided without any guarantees, conditions, or warranties as to its accuracy, suitability, completeness, or reliability. We will not be liable to you for the unavailability or failure of the website.

  3. You are to comply with all laws applicable to you or your activities, and with all Policies, which are hereby incorporated into this Terms of use by reference.

  4. The website expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the website and which is incurred by you in connection with the website, including loss of profits; and any loss or damage incurred by you as a result of your breach of these Terms of use.

  5. To the fullest extent permitted by law, we shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the website.

 

For any other concerns, please write us at hello@childrensartmuseum.org.

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