Terms of Services

myDNArt.com is a unique platform for artists and art lovers. We bring them together and fulfil the wishes of both groups. At myDNArt.com, we enable the artists to showcase their brilliant artwork and provide a great interface between them and the art lovers. We provide the artists a space to promote their artwork and help them in getting best deals for their art. The site offers a win-win deal for both the artists and the art lovers. However, we do have a set of terms for the services and using the site will indicate that you have browsed through, read, and apprehended the terms of service. Users are advised to watch this space for timely changes and updates in the notice.

I HEREBY AGREE THAT BY USING THE SITE, AVAILING SERVICES, SELLING, BUYING AN ARTWORK, POSTING INFORMATION OR CONTENT, OR POSTING YOUR ARTWORK ON THE SITE INDICATES THAT YOU HAVE READ, APPREHENDED AND AGREED TO THE TERMS OF SERVICES OF THE SITE. THE TERMS OF SERVICES ARE APPLICABLE WHETHER YOU HAVE REGISTERED ON THE SITE OR NOT. IF YOU HAVE NOT AGREED TO THE TERMS OF SERVICES OF THE SITE THEN YOU DO NOT HAVE THE RIGHT TO USE ACCESS, POST ANY INFORMATION, OR USE THE SERVICES.

Certain site sections have different terms applicable for which you may have to provide agreement and acceptance of the additional terms. This agreement between you and myDNArt.com will govern the access and use of services offered by the site. It is important that you read the terms of services and tick the tab for agreement in order to browse the site.

MODIFICATION OF THE TERMS

myDNArt.com has the complete right at its sole discretion to change, update, modify, or terminate the terms of services or the site without any notice. Any updates, modifications, or changes in the terms of services will be notified to the users. Using the site post modifications indicates that you agree to the modified terms of services. In case of disagreement to the modified policies, you have no right to access, use, or post any information on the site.

SITE ACCESS ELIGIBILITY

The site is intended for users with the age of 18 years or above. Users under the age of 18 are strictly prohibited on using the site or the services provided.

SITE REGISTRATION

For posting your artwork or purchasing an artwork using the platform, you will have to create a user account on the site. You must create your account by completing the registration process which involves providing information and creating your user id and password for site access. Once you have completed the procedure for registration you will be an authorized member of the site. You should provide complete, accurate, and current information for the registration for better services from the site. myDNArt.com has complete authority to suspend or terminate your account if any of the provided information is incomplete or inaccurate. You should always keep your password safe and should not disclose it to any third party and take complete responsibility for activities in your account. If you observe any illegal or unauthorized activities under your account, you should immediately notify myDNArt.com about the unauthorized use for further action.

PRIVACY OF THE USERS

Please read the Privacy Policy carefully at (Company Privacy Policy Link) for any notification or information associated with privacy of personal information or your artwork or any artwork with the site.

TERMS AND CONDITIONS FOR SELLERS

Posting your work on the site

Once you are an authorized member of the site, you can post your artwork that you want to display and sell through the site. The artwork should be strictly owned by the user or should be own creation. You cannot display artwork created by other artists. You can also post the digital pictures of your artwork. For your artwork to be accepted you need to provide complete information requested on the page of the site where you wish to post your artwork. For submitting the listing of your artwork for sales, you will have to submit an additional photocopy of government issued ID. Please ensure that all the listed artwork and the additional information provided with the work are authentic, accurate, and complete. Also, ensure that the listed artwork complies with the myDNArt.com listing guidelines (Listing guidelines link). myDNArt.com has the complete authorization of editing the lists in order to comply with the guidelines. The listing of your artwork will take at least 24 hours to be visible on the keyword search tab. Various other listing details like the keywords, title and price also influence the appearance of your listing in the search browsing results.

By entering, you are giving us permission to use the images for future marketing. myDNArt.com fully reserves the rights for marketing and promotion of the original artworks through discounts or sales. You have complete rights to remove your authentic artwork or digital artwork from the site. For removing the artwork please follow the below mentioned instructions.

For removing your artwork listing from the site:

-Go to your user account

-Click on the artwork, which you wish to delete

-Click on the delete tab

-Follow the mentioned instructions provided on the page

Artwork responsibilities

You agree and acknowledge that you take the sole responsibility of all digital and original artwork that you post on the site. By listing the original artwork or digital artwork on the site, you warrant that

-The listed original artwork is your own creation and you are the exclusive owner of the artwork

- The listed digital artwork is your own creation and you are the sole owner of the digital artwork. You possess the complete license and rights required to grant myDNArt.com with all necessary rights considered under the terms.

-None of the provided original or digital artwork listed on the site will infringe or violate any regulation or law, copyright, moral right, patent, trademark or intellectual property rights of any third party.

Selling and buying 

We are neither the seller nor the buyer of the Artist's Products even though we will receive your payment on behalf of the Artist. As such, any contractual obligations arising out of your purchase of the Artist’s Products are the responsibility of the Artist and you.

myDNArt.com will be completely responsible for bill collection and collection of shipping information from the purchaser.

myDNArt.com will provide the details like address and name of the purchaser to you (as the seller) only for original artwork sales. Unless provided in writing by myDNArt.com, you will be responsible for the shipping of the original artwork to the purchaser directly. myDNArt.com will provide you with the list of preferred shippers. You should agree on shipping the original artwork to the purchaser within 7 days post date of purchase. You will be responsible for providing shipping dimensions, weight, and information to myDNArt.com if you are using the myDNArt.com preferred shipper. If the details and information provided by you vary during shipment, the additional cost will be deducted from your Artist Revenue Share. If you are not using the myDNArt.com preferred shippers or making the payment of the shipping yourself, myDNArt.com will reimburse the amount you paid to the limit that myDNArt.com is charged for the shipping. The sale might be cancelled if you do not ship the original artwork to the purchaser within 7 days.

For the sales of original artwork through online sales channels, myDNArt.com will credit the amount in your account as per the current commission and pricing terms (Company’s support link). For the sales of original artwork through the site, myDNArt.com will credit the Artist Revenue Share in your account along with details on return period expiry.

For printed artwork sales through online and offline sales, myDNArt.com will credit the Artist Revenue Share in your account as per the current commission and pricing terms. You have the right to request us for payment of Artist Revenue Share as per the payment schedule of myDNArt.com. Upon cancellation of your account, myDNArt.com will pay off the balance remaining from the Artist Revenue Share, if any in your account.

You agree with the terms and conditions of myDNArt.com’s return policy (Return policy link) which is applicable for original artwork sold through the site.

If you remove or take down the digital artwork listing from the site, the rights on license granted by you to myDNArt.com for distribution, marketing, and print selling will terminate from the date of listing removal, except that the license rights are still active with myDNArt.com or third party contractors on pending fulfilment of the printed artwork orders. You agree that the rights granted to myDNArt.com on use of digital artwork for myDNArt.com site and service promotion will remain effective as long as myDNArt.com is under obligation of using the digital artwork for promotions.

All listed prices, fees, commissions and other amounts referred in the terms and conditions are stated in (US DOLLARS OR INR). These prices do not include good service taxes; value added taxes or any similar taxes or any other tariffs assessed by the government authorities.

Purchase from the site

We are neither the seller nor the buyer of the Artist's Products even though we will receive your payment on behalf of the Artist. As such, any contractual obligations arising out of your purchase of the Artist’s Products are the responsibility of the Artist and you.

As an authorized member, you can purchase original artwork from the listing of other members present on the site. You will be purchasing the original artwork from the site and not form the member. The prices of the original artwork will be specified on the listing. You acknowledge that the mentioned prices are exclusive of the applicable taxes and handling or shipping charges. Third party service providers or myDNArt.com will be responsible for collection of shipping information, billing and processing of your payments. The identified member will do the shipping of the original artwork. For any purchase of original artwork through online sales will be subjected to the applicable current terms and conditions of the online sales channels.

You can also purchase printed artwork from the listing on the site. The prices of the printed artwork will be specified in the listing and will be exclusive of applicable taxes and handling or shipping charges. Third party service providers or myDNArt.com will be responsible for collection of shipping information, billing and processing of your payments along with shipping of your printed artwork to you. For any purchase of printed artwork through online sales will be subjected to the applicable current terms and conditions of the online sales channels. The current terms and conditions of myDNArt.com return policy are applicable on any printed artwork purchase.

myDNArt.com has the complete rights to cancel or terminate any order for original or printed artwork which is ordered form the site at its own discretion, if the item is out of stock, unavailable, discontinued or mispriced. myDNArt.com will send you an email notification on the cancellation of the order with no applicable charges.

Colors of the artwork

You understand that the myDNArt.com uses best methods and efforts in displaying the original colors of the original artwork, digital artwork or printed artworks on the site. However, individual monitor settings of the user personal computers may display the colors differently. myDNArt.com is not responsible for any issues related to color accuracy of the original artworks, digital artworks or printed artworks on the site and does not claim any liability in this regard.

Content from the members

Along with the listings of original artwork or digital artwork, myDNArt.com may upload, publish, post, or submit various texts, videos, audios, and artwork images on designated areas of the site at its own discretion. The member content excludes any original artwork or digital artwork images listed on the site. By adding information on the member content through the site you grant myDNArt.com a non-exclusive, worldwide, royalty-free, transferable, commission free license to resize, crop, publicly perform or display or distribute the member content through the site for your, myDNArt.com site and service promotion. You also grant the permission directly to other members to view your member content through the site. You have the complete rights of any member content you post on the site.

You warrant that you are solely responsible for your member content available on the site. You warrant that you are the only exclusive owner of the member content available on the site. You also agree on the terms that none of your member content available on the site infringes or violates any third party copyright, moral rights, trademark, or intellectual property rights.

Content from myDNArt.com

myDNArt.com may post audio, video, graphics, texts, or images of artwork (collectively referred, as “myDNArt.com content which is owned by myDNArt.com (“myDNArt.com owned art content”) while others will be owned by under license by third party (“myDNArt.com licensed art content”) myDNArt.com has the complete authority to view, download, print myDNArt.com owned art content for personal use. For myDNArt.com licensed art content, the terms, and rights are applicable as per the licensing agreement.

General restrictions

You agree not to do any of the mentioned acts on the site

-Post, publish, upload any graphics, images, texts, audio or video or any other information that infringes or violates the third party’s copyright, moral rights, trademark, or intellectual property rights.

-Post, publish; upload any graphics, images, texts, audio, video, or any other information that is false, deceptive, misleading or fraud.

-Post, publish, upload any graphics, images, texts, audio or video or any other information that violates or encourages violation of any law or regulation.

-Post, publish, upload any graphics, images, texts, audio or video or any other information that defames any individual, vulgar, offensive, pornographic, or obscene in nature.

-Post, publish, upload any graphics, images, texts, audio or video or any other information that is threatening, violent or promotes violence.

-Post, publish, upload any graphics, images, texts, audio or video or any other information that shows or indicates harm to minors.

-Post, publish, upload any graphics, images, texts, audio or video or any other information that promotes or sells harmful and illegal substances or activities.

-Access or tamper with any myDNArt.com non-public regions of the site or myDNArt.com computer systems.

-Use myDNArt.com name, logo, trademark, or any element of the site without written consent from myDNArt.com.

-Try to search or access the site, content or member content using software, agents, or tools like crawlers, robots, and spiders.

-Send unauthorized promotion or advertisement of materials, junk mails, spams or chain letters.

-Unauthorized use of myDNArt.com logo, meta tags or hidden texts without written consent from myDNArt.com.

-Use the myDNArt.com site or its content for benefit of third party not recognized in the terms.

-Copying TCP/IP packet header or any header information from the email or posting from the site.

-Impede with or interfere in access of other users or network through sending spams, viruses, and mail bombing the site.

-Collect or store personal information of other users from the Site without permission.

-Misrepresent or presentation of false identity.

-Violate any regulation or law applicable.

myDNArt.com will take strict actions after investigation and prosecute the users for any above-mentioned action. myDNArt.com will cooperate with the enforcement of law by supporting in prosecution of the users who violate the terms and conditions. You understand that myDNArt.com does not monitor your access to the site, but has the right to do so in order to ensure compliance of the users with the terms and conditions. myDNArt.com has the complete rights to remove or disable member content at any time without any prior notification at its own discretion when found to be violating the terms and condition or pose a threat or harm to the site.

Copyright Policy

myDNArt.com understands the importance of ownership and respects the copyright law. Please see the myDNArt.com copyright policy (Company’s copyright policy link) for more information.

Ownership of the site

Communioart Ltd. Is owners and owns the exclusive right of the title, services, content, and artwork including all associated intellectual property rights unless mentioned in the terms. You will not tamper or forge with the trademark, services or proprietary rights of the site.   

Termination of the account

If you violate, breach, or forge any terms and conditions, myDNArt.com has the complete right to disable or terminate your account at its own discretion without any prior notice. myDNArt.com has the complete rights to cancel your access to the site, content, or services at any time. You may also have to be liable for amounts in cases of reported breach. You can voluntarily cancel your account by sending a mail to (Company’s help email id).

Disclaimer from myDNArt.com

THE myDNArt.com SITE, ITS SERVICES, MEMBER CONTENT, AND SITE CONTENT ARE PROVIDED “AS IS”, WITHOUT ANY KIND OF WARRANTY. WITHOUT LIMITING THE FOREGOING, myDNArt.com DISCLAIMS ANY WARRANTIES OF MERCHANT ABILITY, NON-INFRINGEMENT OR ANY WARRANTIES ARISING FROM THE COURSE OF TRANSACTION, DEALING, OR TRADE USAGE. myDNArt.com DOES NOT WARRANTY THAT THE SITE, SITE CONTENT, MEMBER CONTENT OR SERVICES WILL MEET EXPECTATIONS OR WILL BE AVAILABLE CONTINUOUSLY WITHOUT ANY INTERRUPTION, ERROR-FREE BASIS OR IN A SECURED FORM. myDNArt.com MAKES NO WARRANTY ON THE QUALITY OF ARTWORK, CONTENT, PRODUCTS OR SERVICES AVAILED THROUGH SITE OR SERVICES. myDNArt.com MAKES NO WARRANTY ON TRUTHFULNESS, RELIABILITY, ACCURACY, OR TIMELINES OF CONTENT OBTAINED THROUGH THE SITE.

NO INFORMATION OR ADVICE, EITHER WRITTEN OR ORAL OBTAINED FROM myDNArt.com WILL BE CONSIDERED AS WARRANTY.

YOU ARE COMPLETELY RESPONSIBLE FOR ALL YOUR INTERACTIONS AND COMMUNICATION WITH OTHER SITE MEMBERS OR WITH ANY OTHER PEOPLE; YOU INTERACT USING THE SITE OR SERVICES. myDNArt.com DOES NOT SCREEN OR INQUIRE INTO USER BACKGROUNDS NOR DOES IT MAKE ANY ATTMEPT ON STATEMENT VERIFICATION OF THE MEMBERS. myDNArt.com DOES NOT REPRESENT OR WARRANTY ON CONDUCT OF THE SITE USERS. YOU AGREE THAT YOU WILL TAKE YOUR OWN PRECAUTIONS WHILE COMMUNICATING WITH OTHER USERS OR MEMBERS ON THE SITE PARTICULARLY WHEN YOU ARE INTERACTING OR MEETING THEM OFFLINE OR IN PERSON.

Protection of the site

You agree to guarantee and defend and hold myDNArt.com, its employees, its agents, directors, officers harmless from any claims, losses, damages, liabilities, or expenses arising out of or associated in any way with the use of access of the site and services.

Liability limitations

You agree that the risk arising out from your use or access to the site, site content, member content, and services remains with you. Neither myDNArt.com nor the third party involved in producing or creating the site, services and content is liable to any exemplary, incidental or consequential loss of data, profits, or any personal injury or emotional distress arising from the association of use of or inability to use the site, content, or services of myDNArt.com, or from any interactions or communications with other persons on the site which do not comply with the terms and conditions.

myDNArt.com is not liable of any events arising from association with the site, content or services except if you are a member who has original artwork sold and has already received Artist Revenue Share for the artwork. The liability arises under the terms where total payments made to you by myDNArt.com on sale of original artwork or sale of printed artwork during the preceding date of claim during three-month period. On the other hand, if you are a member and you have purchased original artwork or printed artwork that are subject of claim. Incidental or consequential damages are not allowed in some jurisdictions therefore, these may not apply to you.

Agreement

The complete agreement of terms and conditions between you and myDNArt.com regarding the site and its services overtake and replace all of the prior written or oral understanding between you and myDNArt.com regarding the site and its services. 

Notifications

Any notifications from myDNArt.com will be in writing and provided through email from myDNArt.com or through site notification. The date of receipt of email notifications will be considered for its implication.

Contact myDNArt.com

For any further queries or doubts about the terms and conditions, please contact myDNArt.com at (Company’s help email id).