These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Homies Roam LLP (“Company,” “we,” “us,” or “our”), the entity owning, operating, and handling the products and services provided by the “The Art Vents” platform/website. These Terms govern your access to and use of the “The Art Vents”, associated services.
By accessing, browsing, or using this platform, you acknowledge that you have read, understood, and irrevocably agree to be bound by these Terms. If you do not agree with any part of these Terms, you must immediately cease all use of our platform and services. You also agree to comply with all applicable laws and regulations in India, including the Information Technology Act, 2000, and the Digital Personal Data Protection Act, 2023.
ARTICLE 1: DEFINITIONS
For the purpose of these Terms, the following capitalized terms shall have the meanings ascribed to them below:
1.1. Platform: Refers collectively to the website, mobile applications, and all related digital services provided by Homies Roam LLP, also interchangeably referred to as “Website,” “Digital Platform,” “Online Platform,” “Site,” “Application,” or “Portal”.
1.2. Company: Refers to Homies Roam LLP, the entity registered with the Ministry of Corporate Affairs, holding rights over the Platform and its products and/or services, also interchangeably referred to as “we,” “us,” or “our”.
1.3. User: Any individual who accesses or uses the Platform or its services, including, but not limited to, individuals seeking to engage in an art form, that would vary across different verticals that encompass art, music, dance, and other art form, through in-person or online events.
1.4. Artist: Refers to any individual or entity providing different forms of art-related services or products, including but not limited to those offering art, music, dance, or other art form events, who are listed on our Platform or offer services through the Company and/or Platform, and who have agreed to these Terms and/or signed a Memorandum of Understanding (MOU) with the Company.
1.5. Event Services: Programs, gatherings or activities facilitated and/or organized through the Platform by the Company, also interchangeably referred to as “Events,” “Activities,” “Sessions,” “Workshops,” “Seminars,” or “Group Services”. These may include engaging events by artists.
1.6. Venue: Refers to a physical location, premise, and/or an online gathering where an event is hosted and/or facilitated, also interchangeably referred to as “Premise,” “Venue,” or “Venue partners”.
ARTICLE 2: DESCRIPTION OF SERVICES
The Company provides a Platform offering the following primary services:
2.1. Event Services: Organizing, promoting, and/or facilitating various events across India. These events may include workshops, seminars, retreats, art events, music events, and dance events.
2.2. Information and Support: Offering general information and support related, but not limited to art events, music events, dance events, and available resources on the Platform.
2.3. Artist Promotion and Facilitation: Promoting and facilitating connections between Users and Artists, including individual artists and art, dance, and music academies, for various art-related services and events.
2.4. Service Limitations and Disclaimers: The Company is not responsible for the quality of services provided by independent artists or the outcome and/or expectation from/of any event, either in-person or online.
ARTICLE 3: USER ELIGIBILITY AND ACCOUNT SECURITY
3.1. User Eligibility: 3.1.1. You must be at least 18 years of age to access or use our Platform and the products and services. 3.1.2. By using our Platform, you represent and warrant that you possess the legal capacity to enter into a binding contract under Indian law, including the Indian Contract Act, 1872. 3.1.3. If you are accessing or using our Platform on behalf of a company, organization, or other legal entity, you represent that you have the requisite authority to bind that entity to these Terms. 3.1.4. Age Verification: The Company reserves the right to request proof of age from any User and to suspend or terminate accounts if there are reasonable grounds to believe that a User is under the age of 18.
3.2. Account Registration and Security: 3.2.1. To access certain features of our Platform, you may be required to register an account. 3.2.2. You agree to provide accurate, current, and complete information during the registration process and to promptly update such information to maintain its accuracy and completeness. 3.2.3. You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities that occur under your account, whether authorized or unauthorized. 3.2.4. You agree to notify us immediately of any unauthorized access to or use of your account or any other breach of security. 3.2.5. We reserve the right to suspend or terminate your account if we become aware that you have violated these Terms or that your account is being used for unauthorized or illegal activities.
ARTICLE 4: USER RESPONSIBILITIES AND CONDUCT
4.1. Lawful Use: You agree to use our Platform and services in strict accordance with these Terms and all applicable laws and regulations in India, the Information Technology Act, 2000, and the Digital Personal Data Protection Act, 2023.
4.2. Prohibited Conduct: You explicitly agree not to engage in any activity that: 4.2.1. Involves transmitting any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable. 4.2.2. Constitutes impersonation of any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity. 4.2.3. Interferes with or disrupts the proper operation of our Platform or the servers or networks used to make our Platform available. 4.2.4. Attempts to gain unauthorized access to any portion of our Platform or any other systems or networks connected to our Platform. 4.2.5. Uses any automated means, including robots, spiders, paid tools, or scrapers, to access or collect data from our Platform without our prior written consent. 4.2.6. Could foreseeably damage, disable, overburden, or impair our Platform or interfere with other Users’ legitimate use of our Platform. 4.2.7. Involves the distribution of unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or any other form of solicitation. 4.2.8. Infringes upon the intellectual property rights, privacy rights, or other proprietary rights of others.
4.3. Interactions with Artists and Other Users: You are solely responsible for your interactions at an in-person event or online event, with an “Artist” and other users and participants attending an online or in-person event, through our Platform. We are not responsible for any disputes, losses, or damages that may arise from such interactions.
4.4. Event Participation Conduct and Disclaimer: You are solely responsible for your own safety and well-being during your attendance at any event conducted and/or facilitated by the Company. You agree to strictly abide by all rules and guidelines provided by the Company and/or the event organizers and/or venue partners. Any participant who engages in any form of intoxication while attending an on-site or online event shall not fall under the purview of the responsibility held by the Company.
4.5. Advice and Information Disclaimer: You acknowledge that any advice or information provided by an “Artist” is independent and the Company does not endorse or guarantee the accuracy or efficacy of such advice or information.
4.6. User-Generated Content Guidelines and Moderation: 4.6.1. Content Standards: You are solely responsible for any content (including text, images, videos, audio, or other materials) that you upload, post, transmit, or otherwise make available on the Platform (“User-Generated Content” or “UGC”).
- You agree that your UGC will not: Be unlawful, infringing, defamatory, obscene, pornographic, hateful, or discriminatory.
- Harass, abuse, or threaten others.
- Contain viruses, malware, or any other malicious code.
- Promote illegal activities or violence.
- Impersonate any person or entity.
- Violate the privacy or publicity rights of others.
- Infringe any intellectual property rights of others.
4.6.2. Company’s Right to Moderate: The Company reserves the right, but not the obligation, to review, monitor, pre-screen, refuse, or remove any UGC, in whole or in part, that violates these Terms or is otherwise objectionable, in our sole discretion, without prior notice. 4.6.3. Reporting Violations: If you encounter any UGC that you believe violates these Terms, please report it to us immediately over the mail, addressing the same to contact@theartvents.in
ARTICLE 5: TERMS FOR ARTISTS ON THE PLATFORM
5.1. Professional Mandates and Adherence: Artists who are listed on our Platform or offer services through the Company and/or Platform, having agreed to the terms and/or have signed a Memorandum of Understanding (MOU) with the Company, must represent and warrant that they: 5.1.1. Are independent artists or are entities or bodies that promote and provide products or services for different forms of art, in accordance with all applicable laws and regulations of India and their respective jurisdictions. 5.1.2. Maintain valid and current professional credentials. 5.1.3. Adhere to all applicable ethical and professional standards governing their practice. 5.1.4. Agree to provide services to users and/or participants in a professional, ethical, and competent manner.
5.2. Company’s Role and Disclaimer Regarding Artists: 5.2.1. The Company may undertake efforts to verify the credentials of artists; however, we do not guarantee the accuracy or completeness of such verification. 5.2.2. The Company does not guarantee the qualifications, expertise, or competence of any artists listed on the Platform. 5.2.3. The Company endorses artists and may also include entities or academies that provide different forms of art-related service or products. 5.2.4. The Company is not responsible for the actions or omissions of any artists. 5.2.5. The Company is not liable for any information pertaining to a form of art, provided by any artists to any user. 5.2.6. Any engagement between a user and an artist or academy is solely and exclusively between them. 5.2.7. Users are solely responsible for verifying the credentials and qualifications of any artists before engaging with their services through the Platform.
ARTICLE 6: TERMS FOR EVENT SERVICES
6.1. Event Organization and Promotion: We organize and promote events across India.
6.2. User Conduct and Safety at Events: You are solely responsible for your own conduct and safety during any event you attend at a “Venue”. You agree to comply with all the procedures, rules, and regulations set forth by the event organizers and/or “Venue” “Venue partners”.
6.3. Event Cancellation and Modification: We reserve the right to cancel or modify any event, at any time, for any reason, at any “Venue”. In case of cancellation by the Company, registered users will be notified through one or more channels of communication.
6.4. Refund Policy for Events: Any fees paid for attendance at an event may be subject to a refund policy, only in the case of an event being cancelled due to foreseen or unforeseen circumstances, for which the reason for the same shall be stated, and the user shall be notified through one or many channels of communication. Please refer to our separate refund policy document for detailed information.
ARTICLE 7: FEES AND PAYMENT
7.1. Fee Structure: We charge fees for various services, including but not limited to event registration, pre-booking for an event, booking a recurring or a one-time fee for music, art or dance coaching, or an event for a service provided by an artist. The specific fees for each service will be clearly displayed on the Platform.
7.2. Payment Obligations: You agree to pay all applicable fees in accordance with the payment terms outlined across these Terms, should you choose to avail one, many, or all of our services and/or products.
7.3. Refund Policy: All fees are non-refundable unless expressly stated otherwise in our refund policy. Users are advised to review the specific refund policy applicable to each service or event prior to making payment.
7.4. Payment Processing: We utilize secure third-party payment processors to facilitate transactions. We do not store your credit card or other sensitive payment information directly. Please refer to the terms and conditions and privacy policy of the associated third-party payment processors for their specific policies.
ARTICLE 8: INTELLECTUAL PROPERTY
8.1. Ownership of Platform Content: Our Platform and its entire content, including but not limited to text, graphics, images, logos, and software, could possibly be protected by copyright, trademark, and other intellectual property laws of India and international treaties. All intellectual property rights related to the Platform and its content belong to Homies Roam LLP.
8.2. Restrictions on Use: You may not modify, reproduce, distribute, create derivative works of, publicly display, or in any way exploit any of our Platform’s content without our explicit prior written consent or consent to do so over the mail. Limited permission may be granted or exceptions shall be made for a user utilizing certain content to be displayed across various social media channels if there is no obligation by one or many of the designated partners of the Company. Any unauthorized use of the Platform’s content is strictly prohibited and may result in legal action.
8.3. User-Generated Content: Any content you submit or upload to the Platform that includes reviews, comments or artwork remains your property, but by submitting it, you grant the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.
8.4. Copyright Infringement and Takedown Policy: 8.4.1. Reporting Infringement: Homies Roam LLP respects the intellectual property rights of others. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Platform, please notify our designated personnel by providing the following information in writing: A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest. An identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. An identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Homies Roam LLP to locate the material. Detailed information reasonably sufficient to permit Homies Roam LLP to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 8.4.2. Takedown Procedure: Upon receipt of a valid and complete notice, Homies Roam LLP will take appropriate action, which may include removing or disabling access to the allegedly infringing material. We may also notify the user who posted the material of the complaint and provide them with an opportunity to respond.
ARTICLE 9: PRIVACY POLICY
9.1. Data Governance: Your privacy is of paramount importance to us. Our collection, use, and disclosure of your personal information are governed by our comprehensive Privacy Policy. We urge you to review our Privacy Policy thoroughly prior to accessing our Platform.
9.2. Consent to Data Practices: By using our Platform, you expressly consent to the collection, use, and disclosure of your information as detailed in our Privacy Policy, which is designed to comply with the Digital Personal Data Protection Act, 2023 and other applicable data protection laws in India.
ARTICLE 10: DISCLAIMER OF WARRANTIES
10.1. “As Is” and “As Available” Basis: Our platform and services are provided on an “as is” and “as available” basis, without any warranties of any kind, whether express or implied.
10.2. General Disclaimers: To the fullest extent permitted by applicable law, we disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our Platform will be uninterrupted, error-free, or secure, or that any defects will be corrected. For any user-related issues or defects, kindly write to us at contact@theartvents.in. We do not warrant the accuracy, completeness, or reliability of any content available on or through our Platform.
10.3. No Endorsement or Guarantee: We do not endorse or make any representations or warranties regarding any artist, events, or resources offered or facilitated through our Platform. Users are solely responsible for conducting their own due diligence and making informed decisions.
ARTICLE 11: LIMITATION OF LIABILITY
11.1. Exclusion of Certain Damages: To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for lost profits, lost data, or personal injury, arising out of or in connection with the use of our Platform or services. This exclusion applies even if the Company has been advised of the possibility of such damages.
11.2. Cap on Total Liability: Our total aggregate liability to you for any claim arising out of or relating to these Terms or your use of our Platform shall not exceed the amount paid by you, if any, for accessing our Platform or services in the twelve (12) months preceding the date the claim arose.
11.3. No Liability for Third-Party Actions: We are not liable for the actions or omissions of any artist, event organizers, or other third parties, including but not limited to payment gateway service providers or collaborators.
ARTICLE 12: INDEMNIFICATION
12.1. User’s Indemnification Obligation: You agree to indemnify, defend and hold harmless Homies Roam LLP, its affiliates, investors, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with: 12.1.1. Your access to or use of our Platform and services. 12.1.2. Your violation or alleged violation of these Terms. 12.1.3. Your interactions with any artist or other users. 12.1.4. Your participation in any event. 12.1.5. Your infringement or alleged infringement of any intellectual property or other rights of any person or entity.
ARTICLE 13: TERMINATION
13.1. Company’s Right to Terminate: We reserve the right, in our sole discretion, to terminate or suspend your access to our Platform and services, in whole or in part, at any time, with or without cause and without prior notice or liability.
13.2. Effect of Termination: Upon termination, your right to use our Platform and services will immediately cease. The provisions of these Terms relating to intellectual property, disclaimers, limitations of liability, indemnification, and governing law shall expressly survive any termination.
13.3. User’s Right to Terminate: You may terminate your account and discontinue your use of the Platform at any time by contacting us through the provided contact information or address a mail to contact@theartvents.in. Upon termination, any outstanding fees may still be due as per the applicable payment terms.
ARTICLE 14: GOVERNING LAW AND DISPUTE RESOLUTION
14.1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of India, specifically as applicable in Pune, located in the state of Maharashtra.
14.2. Exclusive Jurisdiction: Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Pune, located in the state of Maharashtra.
14.3. Dispute Resolution Protocol: 14.3.1. Amicable Resolution: We strongly encourage you to contact us directly if you have any concerns or disputes. The parties agree to first attempt to resolve any dispute, controversy, or claim arising out of or relating to these Terms, including their interpretation, validity, breach, or termination, amicably through good faith negotiation. 14.3.2. Binding Arbitration: If an amicable resolution cannot be reached within a reasonable period, preferably within a timeframe of three (3) months, any dispute arising out of or relating to these Terms shall be settled by binding arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. 14.3.3. Arbitral Tribunal: The arbitral tribunal shall consist of a sole arbitrator to be appointed by mutual agreement of the parties. 14.3.4. Seat and Language: The seat of arbitration shall be in Pune, located in Maharashtra, India. The language of the arbitration shall be English. 14.3.5. Finality of Award: The award rendered by the arbitral tribunal shall be final and binding on both parties. 14.3.6. Injunctive Relief: Notwithstanding the foregoing, the Company shall retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights or confidential information and/or to prevent irreparable harm.
ARTICLE 15: MISCELLANEOUS PROVISIONS
15.1. Changes to Terms: The Company reserves the right to modify these Terms at any time by posting the revised Terms on our Platform. You are solely responsible for periodically reviewing these Terms to stay informed of any changes. Your continued use of our Platform after the posting of any revised Terms shall constitute your acceptance of such revised Terms.
15.2. Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be struck from these Terms, and the remaining provisions shall remain in full force and effect.
15.3. Waiver: No waiver of any provision of these Terms shall be effective unless it is in writing and duly signed by a designated partner of the Company. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
15.4. Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company relating to your use of the Platform and services, superseding all prior or contemporaneous communications and proposals, whether oral or written.
15.5. Third-Party Links and Services: The Platform may contain links to third-party websites, services, or products, including those of payment gateway service providers or collaborators. We are not responsible for the terms, privacy policies, or practices of such third parties. Users are advised to review the terms and policies of any third-party services before engaging with them.
15.6. Force Majeure: The Company shall not be liable for any delay or failure in performance of its obligations under these terms if such delay or failure is caused by acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials, or any other cause beyond its reasonable control.
ARTICLE 16: CONTACT INFORMATION AND GRIEVANCE REDRESSAL
16.1. General Contact Information: If you have any questions, concerns or require clarification regarding these Terms, please contact us at:
Homies Roam LLP having its registered address: Krishna Keval Ngr, BL-E/13 SNO 1A, Kondhwa KD, Pune 411048, Maharashtra, India
Email: contact@theartvents.in
Phone: + (91) 9226917038
16.2. Grievance Redressal: In accordance with the Information Technology Act, 2000 and rules made thereunder, the name and contact details of the designated person to address any grievances are provided below: Name: Mrs. Joseph
Email: contact@theartvents.in
Phone: + (91) 9226917038
IN WITNESS WHEREOF, your continued access to or use of the Platform signifies your full and unequivocal acceptance of these Terms and Conditions.