Welcome to Brush and Canvas, an online platform located at https://www.brushandcanvas.com (the “Site”) where artists and art enthusiasts can sell and buy original works of art (the “Art”) online and engage with an art community (the “Services”). The Services are provided by Brush and Canvas (“Brushandcanvas.com” or “we”) to you (“you” or “user”) subject to the following terms and conditions set forth in these Terms and Conditions.

Acceptance of Terms

Before using the Services, you must read and accept these Terms and Conditions. By visiting, shopping, or otherwise participating in the Services on the Site, you accept these Terms and Conditions. If you do not accept these Terms and Conditions, you may not access or use the Site or Services. If you have any questions regarding these Terms and Conditions, please contact our Customer Service department at care@brushandcanvas.com. Additionally, when using particular Brushandcanvas.com owned or operated services, you are subject to any posted policies, guidelines, or rules applicable to such services. All such policies, guidelines, and rules are incorporated by reference into these Terms and Conditions.

Modifications

We may, at our sole discretion, change, modify, add, or remove any portion of these Terms and Conditions, in whole or in part, at any time without notice to you by posting such changes on the Site. Your continued use of the Site and Services after such changes are posted will constitute your agreement to the modified Terms and Conditions. These Terms and Conditions were last revised on 25th June 2024.

Participation Requirements

Capacity to Contract

The Services are available only to individuals or entities that can form legally binding contracts. Without limiting the foregoing, minors (persons under the age of 18) and individuals who have been suspended from the Services may not participate. If you are under the age of 18, you may use the Services only in conjunction with, and under the supervision of, your parents or legal guardian(s).

Registration

To participate in the Services, you must register with Brushandcanvas.com by completing our registration form and providing certain information to us. Once your registration is accepted, you will become a “Registered User.” You agree that the information on your registration form is complete and accurate and that you will update it as necessary to keep it current. Brushandcanvas.com reserves the right to disapprove, suspend, or terminate your registration for any reason, at its sole discretion, and to prohibit you from participating in the Services. Furthermore, the rights granted to you as a Registered User may not be transferred or sold to another party.

Brush and Canvas expects artists to follow the terms of selling when they upload their works. This includes verifying that they have graduated from college within the last 10 years, are currently studying in an art college, or have no formal education in the arts. In case of discrepancies, Brush and Canvas is not liable, and you are advised to verify with us before purchase or delivery if you need further details.

Government Goods & Services Taxes (GST)

Tax Responsibility

Title to the Art does not transfer to Brushandcanvas.com once an artist uploads their artwork. The seller is considered the retailer for tax purposes. Sellers are responsible for filing all tax returns in accordance with applicable law, and each seller must indemnify Brushandcanvas.com against any tax, cost, or expense related to the seller’s failure to satisfy any tax liability related to the sale of their Art. Brush and Canvas acts solely as a facilitator for buyers and sellers. Please note that statutory (TDS) deductions as per law are the responsibility of Brushandcanvas.com.

Restricted Activities

Any information a seller (artist) provides during registration, listing, or the sale/purchase process, and any activities or use of the Services on the Site, must not: (i) be false, inaccurate, or misleading; (ii) be fraudulent or involve the sale of counterfeit or stolen items; (iii) infringe on any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (iv) violate any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising); (v) be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing; (vi) be obscene or contain child pornography; (vii) contain any viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (viii) create liability for Brushandcanvas.com or cause it to lose (in whole or in part) the services of its ISPs or other suppliers; or (ix) link directly or indirectly to or include descriptions of goods or services that: (a) are prohibited under these Terms and Conditions; (b) are concurrently listed for sale on a website other than the Site; or (c) you do not have a right to link to or include.

Intellectual Property

Copyright Violations

If you believe that your material or the material of another user has been wrongfully used in a way that constitutes copyright infringement, please let us know. To allow Brushandcanvas.com to investigate and address your complaint, please provide us with all available information. If we become aware of a clear infringement of copyright, trademark, patent, publicity rights, or other rights, we reserve the right to delete all infringing material from the Site and to suspend you from using the Services, even without receiving a complaint from the person whose rights have been infringed.

How We Handle Copyright Violations

Upon receiving notice of a potential copyright infringement, Brushandcanvas.com may immediately delete or suspend access to the infringing material. We may also provide the user who posted the allegedly infringing material with contact information for the complaining party and may ask that the user works with the complaining party to resolve the dispute. If Brushandcanvas.com deletes or suspends access to materials you posted on the Site due to a complaint of copyright infringement, we will attempt to provide you with written notice of our actions. If you disagree with such actions and want to have the materials returned to the Site, please provide us with a written response within ten (10) days after receiving the notice from us (a “Response”). Each Response must contain the following:

1. Why that work is not an infringement?
2. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the District Court of NCT of Delhi and that you will accept service of process from the person who complained that posting the materials constituted a copyright infringement or from an agent of that person. You also agree to bear all legal expenses for a lawyer to contest your case. We will follow the directives of this court.

A copy of your response, including your name and address, will be sent to the person who complained about your posting. Brushandcanvas.com will then decide, in its sole discretion, whether to re-display the deleted materials on the Site. If you are complaining about a copyright infringement, please include the same points, except explaining why the work is an infringement, and you should be able to contest this legally with all legal expenses on your part.

Your Information

You agree to grant Brushandcanvas.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable license to exercise the copyright, publicity, and database rights you have in the information you have provided to us, in any media now known or not currently known, including, without limitation, any images of your pieces of Art. Brushandcanvas.com will use such information solely to enable it to provide the Services.

The Site and Services

Brushandcanvas.com grants you a limited license to access and make personal use of this Site. The trademarks, trade names, designs, and all material contained on this Site, including all portions of the website, content, site design, text, graphics, and all intellectual property rights thereto (“Site Content”), are the sole and exclusive property of Brushandcanvas.com or its licensors. The use of any such property for any other reason, on any other website, or the modification, distribution, or republication of this material without the prior written permission of Brushandcanvas.com is strictly prohibited. Any unauthorized use terminates the permission or license granted by Brushandcanvas.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Brushandcanvas.com or your profile page so long as the link does not portray Brushandcanvas.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.

DISCLAIMER; LIMITATION OF LIABILITY

Disclaimer

The art, site, and services provided by Brushandcanvas.com, including all content, functions, materials, and information accessible through the site or services, are offered on an “as is” and “as available” basis without any warranties or representations of any kind, express or implied. Brushandcanvas.com does not warrant the art, services, functions, features, or content of the site will be timely, accurate, secure, uninterrupted, or error-free, or that defects will be corrected. We make no warranty that the art, site, or services will meet users’ requirements or expectations, and expressly disclaims any warranties or guarantees regarding the sale of listed art on the site. If you are dissatisfied with the site or any services, your sole remedy is to discontinue using them. Brushandcanvas.com makes no warranty regarding any art purchased through the site or any transactions entered into via the services. No advice or information, whether oral or written, obtained from Brushandcanvas.com or through the services, shall create any warranty not expressly stated herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to certain users. Brushandcanvas.com expressly disclaims any endorsement or warranty of any art sold through the services and any responsibility for misrepresentations or breaches committed by users.

Limitation of Liability

In no event shall Brushandcanvas.com be liable for any damages of any kind arising from (i) any injury to any person or property caused by the art, (ii) defects in such art on any theory of liability, or (iii) any return of any art. Additionally, Brushandcanvas.com shall not be liable for any special, incidental, or consequential damages directly or indirectly related to the use of, or the inability to use, the services, the site, or its content, including without limitation, loss of revenue or anticipated profits, lost business, or lost sales, even if Brushandcanvas.com has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to certain users. In no event shall the total liability of Brushandcanvas.com to you for all damages, losses, and causes of action arising from these Terms of Service or your use of the site and services exceed, in the aggregate, Indian Rupees 1,000 (Indian Rupees One Thousand only).

DISPUTE RESOLUTION & INDEMNITY

Any dispute, controversy, or claim arising out of or relating to this agreement, or the breach thereof, shall be settled in the courts of NCT of Delhi, India, where the company is based. We do not accept jurisdiction in any other court. If this is acceptable to you, please proceed to use the site; otherwise, refrain from using it.

Indemnity

You agree to defend, indemnify, and hold harmless Brushandcanvas.com, its officers, directors, agents, subsidiaries, and employees from claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any breach or violation by you of these Terms of Service, any use by you of the site, or any disputes or damages arising out of your use of or contracts formed through this site.

GENERAL PROVISIONS

Eligibility

Only Registered Users are eligible to participate in the Services provided by Brushandcanvas.com.

Third-Party Links

Where Brushandcanvas.com provides links to third-party Internet sites, no representations or endorsements are made concerning such sites. Brushandcanvas.com is not liable for any damages or injury arising from the use or visit of such sites.

Modification and Availability

Brushandcanvas.com reserves the right to delete, modify, or supplement the content of the Site at any time without prior notice. We also reserve the right, at our sole discretion, to terminate, change, suspend, or discontinue any aspect of the Site or the Services, including content, features, or availability times. Additionally, we may impose limits on certain features of the Services or restrict access to part or all of the Site or the Service without notice or penalty.

Monitoring

You acknowledge that Brushandcanvas.com has the right, but not the obligation, to monitor at any time, for any reason at our sole discretion, all material and content on the Site. We reserve the right at all times to edit, disclose, or refuse to post any material or information, or to request removal of or remove any material or information from the Site.

Access and Interference

You agree not to use any automatic device or manual process to monitor or copy Brushandcanvas.com web pages or the content contained herein. You also agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site. Furthermore, you agree not to take any action that imposes an unreasonable or disproportionately large load on Brushandcanvas.com’s infrastructure.

Service Integrity

Brushandcanvas.com makes reasonable commercial efforts to ensure its Services and Site are available at all times. However, we are not responsible for any interruptions, including those that may affect the receipt, processing, or acceptance of any aspect of a sale.

Termination

These Terms of Service constitute a legally binding agreement between you and Brushandcanvas.com until terminated by either party, which Brushandcanvas.com may do at any time, without notice, at our sole discretion. If you become dissatisfied with the Services or the Site in any way, your only recourse is to immediately discontinue use of the Services.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the National Capital Territory of Delhi, India.

Injunctive Relief

It is understood and agreed that breach of these Terms of Service by you will cause Brushandcanvas.com irreparable damage, for which recovery of money damages would be inadequate. Therefore, we shall be entitled to obtain timely injunctive relief to protect our rights under these Terms of Service, in addition to any other remedies available at law or in equity.

Severability

If any provision of these Terms of Service is deemed unenforceable or invalid under applicable law, such provision shall not render these Terms of Service unenforceable or invalid as a whole. In such cases, the provision shall be interpreted and amended to best achieve the objectives of such unenforceable or invalid provision within the limits of applicable law.

Entire Agreement

These Terms of Service constitute the entire agreement between you and Brushandcanvas.com and supersede all prior agreements regarding the subject matter contained herein. All provisions regarding representations and warranties, indemnification, disclaimers, and limitations on liability shall survive any termination of these Terms of Service.

Privacy Policy

1. GENERAL

1.1 All capitalized terms not defined herein shall have the meanings ascribed to them in the Terms of Service. The rules of interpretation contained in the Terms of Service shall also apply to this Privacy Policy. This Privacy Policy is required to be read alongside the Terms of Service at all times.

1.2 Brush And Canvas is committed to protecting the personal information provided by Users on its website Brush And Canvas (“Website”). By using the Website, Users consent to the collection, retention, and use of their personal information as outlined in this Privacy Policy.

1.3 Brush And Canvas takes the privacy of Users seriously and endeavors to safeguard it while providing personalized and valuable Services.

1.4 No User information is rented or sold to any third party by Brush And Canvas. While Brush And Canvas maintains high standards of security, the transmission of information over the internet and web networks is not entirely secure. Despite our best efforts, Brush And Canvas cannot guarantee the security of Users’ data transmitted via such networks.

1.5 Access to Services is contingent upon the User’s acceptance of this Privacy Policy, which should be read in conjunction with the Terms of Service. Together, this Privacy Policy and the Terms of Service form a legally binding agreement (“Agreement”) between Brush And Canvas and Users.

2. INFORMATION COLLECTED

2.1 Traffic Data Collected Brush And Canvas automatically tracks and collects the following categories of information (“Traffic Data”) when Users interact with the Services:

• IP addresses
• Domain servers
• Other information related to Users’ devices and their interaction with the Services

2.2 Personal Information Collected To provide Services, Brush And Canvas may require Users to provide certain personally identifiable information (“Personal Information”), including:

• Contact data (e.g., email address, phone number)
• Demographic data (e.g., time zone, postal address)

Any communication with Brush And Canvas (e.g., email correspondence) may also be retained by us.

2.3 The Website is intended for a general audience and is not directed at children under the age of 18.

2.4 The Website may contain links to third-party websites. Users acknowledge that once they leave Brush And Canvas servers, their information is subject to the privacy policies of the operators of those third-party websites. Brush And Canvas is not responsible for the privacy practices or content of these third-party websites.

2.5 Brush And Canvas uses cookies and similar technologies on certain pages of the Website to analyze web page flow, measure promotional effectiveness, and enhance trust and safety. Users may decline cookies through their browser settings, though this may affect their ability to access certain features on the Site.

3. DISCLOSURE OF PERSONAL INFORMATION

3.1 Brush And Canvas does not disclose Users’ Personal Information to third parties, except to its officers, employees, agents, consultants, and affiliates.

3.2 Brush And Canvas may use Users’ information in aggregate form (where individuals are not identified) for various purposes such as marketing profiles, strategic development, and business analytics.

3.3 Brush And Canvas reserves the right to disclose Personal Information if required by law or if deemed necessary to protect and defend the rights, property, or personal safety of Brush And Canvas, the Services, or other Users.

4. CONFIDENTIALITY AND SECURITY

4.1 Brush And Canvas maintains the confidentiality of Users’ Personal Information and does not share it with third parties, except as provided in this Privacy Policy.

4.2 While Brush And Canvas employs industry-standard security measures to protect Users’ Personal Information, including during transmission and storage, Users acknowledge that no security system is foolproof. Brush And Canvas cannot guarantee the absolute security of Users’ data.

5. UPDATES AND CHANGES TO PRIVACY POLICY

5.1 Brush And Canvas reserves the right to modify, update, or change this Privacy Policy at any time. Users are encouraged to review this Privacy Policy periodically for any updates. Changes to the Privacy Policy will be posted on this page.

6. USERS’ RIGHTS

6.1 Users have the right to correct any errors in their Personal Information held by Brush And Canvas. Users may also request in writing that Brush And Canvas ceases to use their Personal Information, which may affect their access to Services.

7. RESTRICTION OF LIABILITY

7.1 Brush And Canvas provides no warranties, whether implied, expressed, or statutory, regarding the Services, including the Website. This includes but is not limited to warranties of non-infringement, merchantability, fitness for a particular purpose, and freedom from computer viruses.

7.2 References to specific commercial products or services on the Website do not constitute endorsements by Brush And Canvas.

7.3 Brush And Canvas facilitates the buying and selling of artwork through its online platform and does not guarantee the adequacy, relevance, or authenticity of products listed by Users. This Privacy Policy governs Brush And Canvas’s relationship with Users concerning information provided to or collected by Brush And Canvas.

8. CONTACT

If Users have questions or concerns about this Privacy Policy, they may contact IndiGalleria.com at Brush And Canvas.

End of Privacy Policy

This Privacy Policy outlines how Brush And Canvas handles Users’ personal information, ensuring transparency and protection while using its Services.