Certain areas of the Services and your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Services or for access to specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Services.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO ARBITRATE, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF THE AGREEMENT TO ARBITRATE, YOU MAY DO SO PROVIDED YOU FOLLOW THE PROCEDURES SET FORTH BELOW IN THE SECTION ENTITLED “AGREEMENT TO ARBITRATE”. THE DISPUTE RESOLUTION SECTION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A PROPOSED CLASS. THESE TERMS ALSO INCLUDE A WAIVER OF YOUR RIGHTS TO A TRIAL BY JURY IRRESPECTIVE OF WHETHER YOU AGREE TO ARBITRATE YOUR CLAIMS.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Modifications to the Services
We also reserve the right to change the URL, modify or discontinue the Site, and restrict or block access to the Services without notice to you. We may modify the location of or completely remove any Art Works from the Site from the Services at any time without notice to you, including the removal of any ArtWorks that we believe to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
Occasionally, there may be information on the Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any such information on the Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Services, except as required by Applicable Laws. No specified update or refresh date applied to the Services should be taken to indicate that all information on the Services has been modified or updated.
The Services are intended solely for all the persons who are of legal age or older. The services are specifically not available to Indian minors under the age of 18. Any access to or use of the Services by anyone under the legal age is expressly prohibited. By accessing or using the Services, you represent and warrant that you are legal age or older.
In order to list a work on the Services or to make a purchase through the Services, (other than users who utilize the guest checkout option), you must first create an account (“Account”) by completing our registration process. During the registration process, you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process or by utilizing our guest checkout option, you will become a “Member.” You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. RTS ARTS LLP reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify RTS ARTS LLP of any unauthorized use of your Account.
Seller Terms and Conditions
Listing Art Works on the Services
After registering with RTS, you will be eligible for RTS membership. The subscription fee for the membership will be applicable as mentioned on the website at the time of registration. The subscription fee will be applicable for a period of one year and will be renewed every year upon your confirmation. If you fail to pay the annual subscription fee, we reserve the right to revoke your membership. As a Member, you may submit listings for Art Works that you have originally created and that you desire to sell through the Services. You may not submit listings for those ArtWorks that were created by another artist. In case you submit listings with a desire to sell your Art Works through the Services, you will become a “Seller” for the purposes of this section.
In order for your listings to be accepted, you must provide RTS ARTS LLP with all the information requested by RTS ARTS LLP and you must comply with any and all other RTS ARTS LLP requirements as identified to you. Without limiting the generality of the foregoing, if you submit listings for sale you may be required to verify your identity by separately providing RTS ARTS LLP with a copy of any recognized photo Identity card, including Passport or any other similar documentation and/or information. Your listings must be accurate and complete and comply with RTS ARTS LLP’s listings content guidelines, which are available at www.roadtosangam.com RTS ARTS LLP reserves the right to edit any listings to ensure that they comply with these guidelines. You acknowledge that your listings may not be immediately searchable by keyword or category for several hours (or up to 24 hours or more in some circumstances). The placement of your listings in search and browse results may be based on factors that include without limitation title, keywords, and price.
You acknowledge that as part of and for the promotion of the Services, RTS ARTS LLP reserves the right to promote and market your Art Works through any media, including on social and print media, and through the use of sales coupons and/or discounts. The sale coupon or discount amount will apply to the listing price of Art Works. You always retain the right to remove a listing for an Art Work from the Services.
If you want to remove a listing for an Art Work from the Services, you must go to your account, click on the image you want to delete and then click on Delete and follow the steps set forth on that page.
Responsibility for Art Works
You acknowledge and agree that you are solely responsible for all ArtWorks that you make available through the Services. Accordingly, you represent and warrant that: (i) as to Art Works that you make available through the Services, you are the creator and owner of all such Art Works; or you have all rights, licenses, consents and releases that are necessary to grant to RTS ARTS LLP the rights in such Art Works as contemplated under these Terms; (ii) neither the Art Works that you make available through the Services nor RTS ARTS LLP’s use and exploitation thereof as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property Rights, or rights of publicity or privacy, Intellectual Property Rights or other third party rights, or result in the violation of any Applicable Laws ; and (iii) your Art Works shall not (a) be libelous or otherwise defamatory, (b) be obscene, pornographic or indecent, (c) constitute an incitement to commit a crime, (d) depict violence in an explicit, graphic or gratuitous manner, (e) be in contempt of any court or court order, (f) constitute any negligent advice, (g) contain a negligent or incorrect statement, (h) be racial or promote religious hatred or in breach of any discrimination legislation, (i) be in breach of any contractual obligation owed to any person, and/or (j) constitute spam.
If you submit listings for Art Works, you are selling such Art Works through the Services and on third party websites and sales channels (collectively “Online Sales”) and you hereby grant RTS ARTS LLP a worldwide, transferable, nonexclusive, non-revocable right and license, with a right to sublicense, to (i) use, reproduce, distribute, publicly perform and publicly display copies of the ArtWorks sales via the Sales Channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Art Works in any form, medium or technology now known or later developed for the purpose of promoting, the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Artist Revenue Share (defined below), which is payable only upon the sale of an Art Works via the Online Sales channel.
Digital Works. If you submit listings for Art Works categorized on the Site as digital works (“Digital Works”), you will permit Members and other third parties to purchase fine art reproductions of the Digital Works (collectively, “Printed Works”) through a print-on-demand service. If you submit listings for Digital Works, you hereby grant RTS ARTS LLP a worldwide, transferable, nonexclusive, non-revocable right and license, with a right to sublicense, to (i) use, modify (as appropriate in connection with the print-on-demand services and shipping of Printed Works), reproduce, distribute, publicly perform and publicly display the Digital Works to Members and other third parties via Online Sales and through other offline channels (“Offline Sales”); and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Digital Works in any form, medium or technology now known or later developed, for the purpose of promoting RTS ARTS LLP and the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Artist Revenue Share (defined below), which is payable only upon the sale of a Digital work via Online Sales channels and Offline Sales channels. RTS ARTS LLP may appoint one or more third-party subcontractors, who may exercise the license rights above for the purpose of enabling RTS ARTS LLP to process and fulfill orders for Printed Works.
If an Art Work is sold via a third-party website, the terms and conditions of the third-party website will apply to the purchase in question by the applicable purchaser via the third-party website. However, as between you and RTS ARTS LLP, these Terms will apply to the sale of such Art Work.
RTS ARTS LLP and/or its third-party service providers will be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases via the Services. For purchases made via third party websites and for Offline Sales, the applicable third party website or RTS ARTS LLP’s Offline Sales partner will be responsible for collecting billing and shipping information, as applicable, from the purchaser and for processing payments, and will remit applicable payments relating to such sales as agreed upon between RTS ARTS LLP and the third party website or RTS ARTS LLP’s Offline Sales partner, as applicable, to RTS ARTS LLP and share related shipping information, including the contact details of the purchaser where necessary, with RTS ARTS LLP.
For purchase of any Art Work via the Site or a third-party website, RTS ARTS LLP will provide you with the name and address of the purchaser and, unless otherwise instructed in writing by RTS ARTS LLP, you will be responsible for shipping the purchased Art Work directly to the purchaser along with the relevant Certificate of Authenticity. RTS ARTS LLP will provide you with information regarding its preferred shippers with which RTS ARTS LLP maintains an account. You agree to ship the purchased Art Work to the purchaser within seven (7) working days following the date of purchase (the “Shipping Period”). If you do not ship the purchased Art Work to the purchaser prior to the expiration of the Shipping Period, then the sale may be canceled. You will be responsible for the shipping of the ArtWorks via RTS ARTS LLP’s delivery partners and will be bound by their return, exchange and/or insurance policies. RTS ARTS LLP does not take any liability for any damage of goods, loss of time and loss of reports for and during the delivery via the delivery partners. All delivery charges and costs shall be borne by the Purchasers.
For sales of an Art Work via the Online Sales channels, RTS ARTS LLP will credit your account in an amount to be determined in accordance with RTS ARTS LLP’s then-current standard pricing and revenue share terms (“Artist Revenue Share”); for sales of Art Works via the Services, subject to RTS ARTS LLP’s receipt of confirmation of delivery to the purchaser, RTS ARTS LLP will credit your account with the corresponding Artist Revenue Share following the expiration of the return period and for sales of Art Work via third party websites, RTS ARTS LLP will credit your account with the corresponding Artist Revenue Share within a commercially reasonable time after it has received payment from the third-party website and the Art Work has been confirmed to have been successfully delivered to the purchaser, as determined by RTS ARTS LLP, in its sole discretion. The terms of revenue share will be determined based on each artist’s contribution to the services and confirmed via email.
You agree to comply with the terms and conditions of RTS ARTS LLP’s then-current Return Policy that are applicable to any ArtWorks that are sold through the Services.
For sales of Printed Works via Online Sales and Offline Sales, RTS ARTS LLP will credit your Account visible in the Sales Dashboard with the applicable Artist Revenue Share as set forth in RTS ARTS LLP’s then-current standard pricing and revenue share terms.
You will have the right to request RTS ARTS LLP to remit the Artist Revenue Share in your Account in accordance with the RTS ARTS LLP-designated payment schedule. Upon the termination of these Terms or cancellation of your Account, RTS ARTS LLP will remit to you the remaining balance of Artist Revenue Shares in your Account, if any.
If you remove a listing for a Digital Work from the Services, the license rights granted by you to RTS ARTS LLP with respect to such Digital Work will terminate as of the date the listing is removed, except that such license rights will survive and remain in effect for as long as necessary for RTS ARTS LLP and its third-party subcontractors to fulfill any in-progress orders for such Printed Works and for any orders for such Printed Works accepted by RTS ARTS LLP or its third-party subcontractors or its Online Sales partners via third party websites and its Offline Sales partners prior to or as of the effective date of termination. In addition, you acknowledge and agree that the license rights granted by you to RTS ARTS LLP with respect to using such Digital Work to promote RTS ARTS LLP, the Services will remain in full force and effect for only as long as necessary for RTS ARTS LLP to fulfill any current obligations that require using the Digital Work for such promotional purposes.
Purchaser Terms and Conditions
Purchases of Original Works of Art
As a Member, you may purchase ArtWorks that are listed by other Members on the Services. When you purchase such an Art Work through the Services, you are purchasing the work from the Member identified on the listing for such work and not from RTS. Prices for Art Works will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges (unless specifically indicated on the Site) or applicable taxes as per the Applicable Laws for which you are responsible and which will be separately identified on your receipt. RTS ARTS LLP and/or its third-party service providers will collect your billing and shipping information and process your payment. Certain Art Works (including, but not limited to, oversized works and sculptures) may require additional shipping and handling charges and special arrangements. The Member identified on the listing of the ArtWorks will ship the purchased work directly to you. The terms and conditions of RTS ARTS LLP’s then-current Return Policy apply to any ArtWorks that you purchase through the Services. When you purchase Art Works via Online Sales (other than via the Services), such purchases will be subject to the terms and conditions of the applicable Online Sales channels which will be presented to you at the time of purchase.
Purchases of Printed Works
As a Member, you may purchase Printed Works that are listed by other Members on the Services. Prices for Printed Works will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges or applicable Taxes (defined below), if any, for which you are responsible and that will be separately identified on your receipt. When you purchase Printed Works through the Services, RTS ARTS LLP and its third-party service providers will collect your billing and shipping information will be collected, your payment will be processed, Printed Works will be shipped directly to you. The terms and conditions of RTS ARTS LLP’s then-current Return Policy apply to any Printed Works that you purchase through the Services. When you purchase Printed Works via Online Sales (other than via the Services) and Offline Sales such purchases will be subject to the terms and conditions of the applicable Online Sales and Offline Sales channels, which will be presented to you at the time of purchase.
RTS ARTS LLP reserves the right to cancel any order for an Art Works or Printed Work placed via the Services if RTS ARTS LLP determines, in its reasonable discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Services. If RTS ARTS LLP cancels an order placed via the Services, RTS ARTS LLP will send you an email confirmation of such cancellation and you will not be charged for your order.
Terms for both Sellers and Purchasers
If you are a Member and have submitted a listing for an Art Work and have been contacted through the Services by another Member with respect to purchasing either of the foregoing or a similar work or custom piece related to a listed work of art, you may not sell such Art Works /Digital Work to such Member independent of RTS ARTS LLP and the Services. Similarly, if you are a Member and desire to purchase an Art Works / Digital Work for which another Member has submitted a listing or a similar work or custom piece related to a listed work of art, you may not purchase such Art Works or Digital Work from such Member independent of the RTS ARTS LLP and the Services. Violation of this provision may result in the termination of your Member account as an artist or buyer, in addition to any other remedies available to RTS ARTS LLP including, without limitation, injunctive or other appropriate relief.
All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions, and fees set forth on the Services, are basically stated in Indian Rupees and additionally stated in U.S. dollars and /or Euros and do not include any taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under Applicable Laws with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, “Taxes”). If you are a seller of Art Works and/or Printed Works, you acknowledge that RTS ARTS LLP will withhold the Taxes required to be withheld from the payments RTS ARTS LLP makes to you. The seller must obtain necessary identification numbers with the tax authorities and complete all tax compliances therewith at their sole risks and consequences.
If you are a purchaser of Art Works and/or Printed Works, you acknowledge that Taxes will be added to the amounts charged, when required or when allowed to do so. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under Applicable Laws to minimize or to qualify for an exemption from any such obligations.
Colors displayed on the Art Works
You understand and agree that RTS ARTS LLP uses commercially reasonable efforts to display the colors of Art Works, Digital Works and Printed Works accurately via the Services. However, because individual computer monitors may display colors differently, RTS ARTS LLP is not responsible for the color accuracy of any Art Works, Digital Works or Printed Works displayed on the Services, and disclaims all liability in this regard.
“Member Content” excludes any Art Works for which a Member submits a listing, as described under “Seller Terms and Conditions” above. RTS ARTS LLP does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that a Member may have to use and exploit any such Member Content. By making available any Member Content on or through the Services, (i) you grant RTS ARTS LLP a worldwide, nonexclusive, non-revocable, transferable, royalty-free, commission-free license to crop, resize, publicly display, publicly perform, distribute, broadcast and transmit such Member Content on or through the Services in any form, medium or technology now known or later developed, for the purpose of promoting RTS ARTS LLP, the Site or the Services via any media, and (ii) you grant directly to other Members the right and license to view your Member Content on or through the Services only in connection with such Member’s authorized use of the Services. You reserve all other rights and licenses in and to any Member Content that you make available on or through the Services.
You acknowledge and agree that you are solely responsible for any Member Content that you make available on or through the Services. You represent and warrant that: (i) you are the sole and exclusive owner of all Member Content that you make available on or through the Services or that you have all rights, licenses, consents and releases that are necessary to make available such Member Content and to grant all rights and licenses in such Member Content as granted under these Terms; (ii) neither the Member Content nor your making available any Member Content on the Services nor any use of any Member Content as permitted under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, design, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any Applicable Laws; (iii) your Member Content shall specifically not (a) be libelous or otherwise defamatory, (b) be obscene, pornographic or indecent, (c) constitute an incitement to commit a crime, (d) depict violence in an explicit, graphic or gratuitous manner, (e) be in contempt of any court or court order, (f) constitute any negligent advice, (g) contain a negligent or incorrect statement, (h) be racial or promote religious hatred or in breach of any discrimination legislation, (i) be in breach of any contractual obligation owed to any person, and/or (j) constitute spam.
RTS ARTS LLP authorizes you to download, view and print RTS ARTS LLP-owned Content solely for your personal use in visiting the Services and, if you are a Member, in connection with exercising the rights granted to Members under these Terms. For RTS ARTS LLP-licensed Content, the scope of your rights thereto will be sole as set forth in the applicable license agreement that governs the use of such content, as identified on the Services where such content appears. Nothing in these Terms is intended to modify, restrict or limit the scope of your rights as to such RTS ARTS LLP-licensed Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by RTS ARTS LLP or its licensors, except for the licenses and rights expressly granted in these Terms.
General Prohibitions vis-à-vis RTS Content
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, intellectual property rights or other third party rights; (ii) violates, or encourages any conduct that would violate, any Applicable Law or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms minors in any way; or (vii) promotes illegal or harmful activities, products or substances.
- Use, display, mirror or frame the Services, or any individual element within the Services, RTS ARTS LLP’s name, any RTS ARTS LLP trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without RTS ARTS LLP’s express written consent;
- Access, tamper with, or use non-public areas of the Services, RTS ARTS LLP’s computer systems or network, or the technical delivery systems of RTS ARTS LLP’s providers;
- Attempt to probe, scan or test the vulnerability of any RTS ARTS LLP system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by RTS ARTS LLP or any of RTS ARTS LLP’s providers or any other third party (including another user) to protect Services, RTS ARTS LLP Content or Member Content;
- Attempt to access or search Services, RTS ARTS LLP Content or Member Content or download RTS ARTS LLP Content or Member Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by RTS ARTS LLP or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other forms of solicitation;
- Use any meta tags or other hidden text or metadata utilizing RTS ARTS LLP trademark, logo URL or product name without RTS ARTS LLP’s express written consent;
- Use Services, RTS ARTS LLP Content or Member Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use Services, RTS ARTS LLP Content or Member Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services, RTS ARTS LLP Content or Member Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any Applicable Laws; or
- Encourage or enable any other individual to do any of the foregoing.
RTS ARTS LLP will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. RTS ARTS LLP may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that RTS ARTS LLP has no obligation to monitor your access to or use of the Services or to remove any Member Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with Applicable Laws or the order or requirement of a court, administrative agency or other governmental bodies. RTS ARTS LLP reserves the right, at any time and without prior notice, to remove or disable access to any Member Content, listings for Art Works or Digital Works, RTS ARTS LLP Content or any other text, graphics, images, software, music, audio, video, information or other content or material that RTS ARTS LLP, at its sole discretion, considers being objectionable, in violation of these Terms or otherwise harmful to the Services.
Resale Terms and Conditions
On every sold artwork, an option will be displayed next to the artwork that says, “Make an Offer” that allows buyers to submit a bid. If the artist deletes the work from the site, it is no longer eligible for resale offers.
The resale offer option will be displayed on all sold artworks. If someone makes an offer on an artwork that you have purchased through RTS ARTS LLP, you will be contacted by RTS ARTS LLP via email with the offer price as well as detailed instructions on how to move forward if you agree to sell. If you do not wish to accept the offer presented to you, you’re welcome to decline the offer. Should you decide to accept the offer, a member of our team will work closely with you through every step of the process.
- Your earnings: You will earn a portion of the offer amount net the artist’s resale payment (see below).
- Shipping and Handling: You are responsible for packaging, labeling, and coordinating pickup or drop-off with a courier. In addition, we allow sellers to arrange a pickup or drop-off with one of RTS ARTS LLP’s couriers. You are required to deliver the artwork in the same condition and materials as described in the artwork description online or as discussed and agreed upon with RTS ARTS LLP’s advisory team.
- Certificate of Authenticity: Reseller is required to deliver any certificate of authenticity that accompanied the artwork in the original purchase.
On every sold artwork, you’ll see an option next to the artwork that says, “Make an Offer.” Proceed through the steps to confirm your offer. Once you have made your offer one of our curators will contact you to facilitate this process. If your offer is accepted, we will work with you to handle payment and logistics.
- The offer form does not require registration or payment information. It simply collects your offer amount, personal message, and contact information (name, email).
- All resale orders are final unless the artwork arrives damaged. In the event of damaged artwork, the order will undergo the same refund process as with any regular order.
- In addition to the agreed-upon price, additional costs such as shipping, customs/duties, and Taxes including VAT may be applied thereafter. All such costs will be clearly communicated to buyers before collecting payment.
- Once you have confirmed you would like to proceed, you will need to provide your payment information before we process your purchase.
- If your offer is declined by the owner of the artwork, you agree that a curator may contact you to let you know and to help find similar works or facilitate a commission by the same artist.
- You cannot apply any promotional discounts to your offer.
Artists’ Resale Payment
If you are the original artist of the ArtWorks that you sold on RTS ARTS LLP, you will receive a payment for the resale of your Art Works as per RTS’ policy on resale payments.
Artists are eligible to receive a resale payment as per the RTS ARTS LLP’s payout and commission structures.
- Artists will not be notified of the resale transaction until seven (7) days after the artwork has been delivered. This ensures the artwork has arrived and meets the buyer’s satisfaction (e.g., work was not damaged).
- Once the resale order has cleared the seven (7) days, the payment will be made available for payout and the artist will be notified via email.
ADDITIONAL TERMS AND CONDITIONS
Sweepstakes and Contests
RTS ARTS LLP may operate sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Services. You should carefully review the rules (e.g., the “Official Rules”) of each Promotion in which you participate through the Services, as they may contain additional important information about RTS ARTS LLP’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of any Official Rules conflict with these Terms, the terms and conditions of the Official Rules will control.
RTS ARTS LLP’s Intellectual Property
The Services and RTS ARTS LLP Content are protected by copyright, trademark and other IP laws of India and under common law principles. Except as expressly provided in these Terms, RTS ARTS LLP exclusively owns all right, title and interest in and to the Services, the Site, and RTS ARTS LLP Content, including all associated Intellectual Property Rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or RTS ARTS LLP Content.
RTS ARTS LLP respects copyright law and expects its users to do the same. It is RTS ARTS LLP’s policy to terminate in appropriate circumstances of Members or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see RTS ARTS LLP’s Copyright Policy.
Termination and Account Cancellation
If you breach any of these Terms, RTS ARTS LLP will have the right to suspend or disable your Account or terminate these Terms with you, at its sole discretion and without prior notice to you. RTS ARTS LLP reserves the right to revoke your access to and use of the Services, RTS Content, and Member Content at any time, with or without cause. In the event RTS ARTS LLP terminates these Terms for your breach, you will remain liable for any amounts due hereunder. You may cancel your Account at any time by sending an email to firstname.lastname@example.org.
Mobile Services and Applications
“Mobile Services” means certain software and services that are available via a mobile device, including (i) the ability to upload data to the Services via a mobile device; (ii) the ability to use the Services and/or the Site from a mobile device; and (iii) the ability to access certain features through a Mobile Application downloaded from the Services and installed on a mobile device.
Wireless Carriers. To the extent you access the Mobile Services through a mobile device, your wireless carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
Notifications and Messages. By using the Mobile Services, you agree that we may communicate with you regarding RTS ARTS LLP and other entities by SMS, MMS, text message or other electronic means to your mobile device for the purpose of providing the applicable service and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number. In the event that you fail to comply with the obligation to promptly update your account information when changing or deactivating your mobile telephone number, you accept full responsibility for any of your messages, which may not be delivered or may be sent to the person that acquires your old number.
Mobile Application. Subject to your compliance with these Terms, RTS ARTS LLP grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the applicable RTS ARTS LLP Mobile Application on a mobile device that you own or control and to run such copy of the mobile application solely to access the Mobile Services for your own personal non-commercial purposes. Furthermore, with respect to any Mobile Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
App Stores. You acknowledge and agree that the availability of the Mobile Application and the Mobile Services is dependent on the third party from whom you received the Mobile Application license, e.g., the Apple or Android app stores (“App Store”). You acknowledge that these Terms are between you and RTS ARTS LLP and not with the App Store. RTS ARTS LLP, not the App Store, is solely responsible for the Mobile Application and the Mobile Services, the content thereof, maintenance, support services, and warranty thereof, and addressing any claims relating thereto (e.g. product liability, legal compliance, or intellectual property infringement). You agree to pay all fees (if any) charged by the App Store in connection with the Mobile Application and the Mobile Services. You agree to comply with, and your license to use the Mobile Application and the Mobile Services is conditioned upon Your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Mobile Application and the Mobile Services. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms and will have the right to enforce them.
Accessing and Downloading the Mobile Application from the Apple App Store. The following applies to any Mobile Application accessed through or downloaded from the Apple App Store:
- You acknowledge and agree that: (i) these Terms are concluded between you and RTS ARTS LLP only, and not Apple; and (ii) RTS ARTS LLP, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the Apple App Store terms of service.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between RTS ARTS LLP and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of RTS ARTS LLP.
- You and RTS ARTS LLP acknowledge that, as between RTS ARTS LLP and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You and RTS ARTS LLP acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringe that third party’s intellectual property rights, as between RTS ARTS LLP and Apple, RTS ARTS LLP, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- You and RTS ARTS LLP acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of these Terms and the conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
- Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
RTS ARTS LLP reserves the right at any time to charge fees for access to the Services, or any portion thereof. However, in no event will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. You may cancel your Account at any time. You agree to pay all charges that may be incurred by you or on your behalf through the Services, at the price(s) in effect when such charges are incurred. In addition, you remain responsible for any and all Taxes that may be applicable to your purchase(s), and you agree that such Taxes, if any, are not our responsibility.
THE SERVICES, RTS CONTENT, AND MEMBER CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, RTS ARTS LLP EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. RTS ARTS LLP MAKES NO WARRANTY THAT THE SITE, SERVICES, RTS CONTENT OR MEMBER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. RTS ARTS LLP MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RTS ARTS LLP OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NO ACTION SHOULD BE TAKEN OR PURCHASE MADE BASED UPON ANY OF THE INFORMATION CONTAINED IN THE SERVICES. YOU SHOULD SEEK INDEPENDENT ADVICE FROM A PROFESSIONAL AND/OR A PERSON WHO IS KNOWLEDGEABLE IN THE APPLICABLE AREA BEFORE ACTING UPON ANY OPINION, ADVICE, OR INFORMATION CONTAINED IN THE SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, RTS ARTS LLP DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF MEMBERS OR OTHER USERS OF THE SERVICES, NOR DOES RTS ARTS LLP MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY MEMBERS OR USERS OF THE SERVICES. RTS ARTS LLP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to defend, indemnify, and hold RTS ARTS LLP, its officers, directors, employees, and agents (“Indemnitees”), harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with, or maybe payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms. Further, you agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the Site or Services or Member Content or RTS Content, your violation of these Terms, or your violation of any rights of another Member, including any intellectual property rights.
Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services, RTS Content, and Member Content remains with you. Neither RTS ARTS LLP nor any other party involved in creating, producing, or delivering the Services, RTS Content or Member Content, will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Services, RTS Content or Member Content, or from any communications, interactions or meetings with other Members or users of the Services or other persons with whom you communicate or interact as a result of your use of the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not RTS ARTS LLP has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
The limitations and exclusions in this section apply to the maximum extent permitted by Applicable Laws. In no event will RTS ARTS LLP’s aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Services, RTS Content or Member Content exceed: (i) if you are a Member who has sold Art Works or has licensed Digital Works and has received any Artist Revenue Share from RTS ARTS LLP from the sale of Printed Works, the total payments made or credited to you by RTS ARTS LLP for the sale of your Art Works and/or from the sale of Printed Works based on your licensed Digital Works during the three (3) month period preceding the date a claim for liability arises under these Terms; and (ii) if you are a Member who has purchased Art Works or Printed Works, the total payments that you made to RTS ARTS LLP for the Art Works and/or Printed Works that are the subject of a claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between RTS ARTS LLP and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of RTS ARTS LLP used herein are trademarks or registered trademarks of RTS ARTS LLP. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Resolution of Disputes
Governing Law and Jurisdiction
These Terms will be governed by the laws of India, without regard to conflict of law provisions. You and we expressly agree that any claim or dispute must be resolved exclusively by mediation or arbitration in Chennai, Tamil Nadu, except as described in the Agreement to Arbitrate below or as otherwise mutually agreed by the parties.
RTS ARTS LLP aims to provide full consumer satisfaction and meet your expectations through our Services. However, there may be instances when you feel that we have made a mistake or left you disappointed in some way. In those instances, we are committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your concern. Therefore, for any problem or dispute that you may have with us, you acknowledge and agree that you will, as an initial matter, email us at email@example.com to describe to us the nature of your complaint or dissatisfaction. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within thirty (30) days after our receipt of your written description of it, you agree to the further dispute resolution provisions below. To the extent permitted by Applicable Law, the informal resolution process described in this paragraph is a precondition to pursuing any other process, so please do not forget to contact us first.
Dispute Resolution through mediation and arbitration
The parties may seek to settle their dispute through mediation. The following clause shall be the essence of all the Mediation for dispute resolution; –
“In the event of any controversy or claim arising out of or relating to this contract, or a breach thereof, the parties hereto agree first to try and settle the dispute by mediation, administered by the International Centre for Dispute Resolution under its Mediation Rules, before resorting to arbitration, litigation, or some other dispute resolution procedure.”
Mediation would be scheduled independently of arbitration. In mediation, an impartial and independent mediator only assists the parties and does not have the authority to make a binding decision or award. The place of mediation shall be Chennai, Tamil Nadu (India) and the language of the mediation shall be English only.
In case the dispute remains unresolved the parties shall Arbitrate.
By electing Arbitration, the parties agree to arbitrate any claims, to the fullest extent permitted by the Applicable Laws of India, unless you opt-out. The parties agree that all such claims will be arbitrated on an individual basis and not as a proposed class action. The Arbitrator will have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms and this Agreement to arbitrate, including but not limited to, any claim that all or any part of these Terms of this Agreement to Arbitrate is void or voidable. The arbitration will be decided and appointed by a sole Arbitrator in accordance with the rules of international commercial arbitration seated in India.
You and we agree that, except as expressly set forth below, the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arising out of your use of the Services and these Terms or to any products or services sold or distributed through the Services, will be final and binding arbitration, except to the extent that either party has, in any manner, infringed upon or violated, or threatened to infringe upon or violate, the rights of either party or any third party’s patent, copyright, trademark, trade secret, privacy or publicity rights or is seeking to vindicate public rights, in which case both sides acknowledge that arbitration is not an adequate remedy and that injunctive or other appropriate relief may be sought by either party and/or the applicable third parties on an individual basis in a court having appropriate territorial jurisdiction. You and we acknowledge that this Agreement to Arbitrate affects interstate commerce and that the arbitration law and regulations apply to arbitrations under this Agreement to Arbitrate (despite any other choice of law provision).
Means and Fees
In the interest of efficiency and fairness, you and we agree that the arbitration proceeding will be based solely on written submissions, unless the arbitrator deems an oral hearing strictly necessary. Should the arbitrator deem an oral hearing to be necessary, such hearing will be conducted via telephone or other electronic or technical means, or if that’s not possible, in-person in a location mutually agreed upon between the parties. The language of the arbitration will be English. The arbitrator’s award will be final and binding, and judgment may be entered upon it by any court having jurisdiction thereof. Each party will have the right to use legal counsel in connection with arbitration at its own expense. We are not responsible for reimbursing you for costs incurred by you for legal counsel, travel or other out-of-pocket costs or expenses. We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
Right to Opt-Out
YOU HAVE A RIGHT TO OPT-OUT OF THIS AGREEMENT TO ARBITRATE by sending an email to firstname.lastname@example.org. Such opt-out must be given within the earlier of thirty (30) days of approving your first purchase of products on the Services or your first upload of artwork to the Services or if we make any changes to this Agreement to Arbitrate which alter your rights, within thirty (30) days after the effective date of such revision to this Agreement to Arbitrate. Any opt-out received after such deadline will be ineffective and this Agreement to Arbitrate will remain in full force and effect, except as expressly provided above. If you opt-out of this Agreement to Arbitrate, we also will not be bound by the terms of this Agreement to Arbitrate.
Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR OTHER CLAIM UNDER THESE TERMS WILL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES, AND NO CLASS, COLLECTIVE, AND/OR REPRESENTATIVE ARBITRATION PROCEEDINGS WILL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable with respect to any particular claim otherwise subject to arbitration, then that claim will not proceed in arbitration but rather will be resolved in a court of competent jurisdiction. If that occurs, however, this Agreement to Arbitrate and this Class Action Waiver still will be fully enforceable as to all other claims, which must be resolved in arbitration on an individual basis.
Waiver of Trial by Judge
You and we agree and understand that by using arbitration to resolve disputes, you and we are giving up any right that you or we may have to a judge trial with regard to all claims subject to this agreement to arbitrate. you and we further agree that any claim heard in a court of competent jurisdiction will be heard by a judge under Applicable Laws.
Limitation of Actions
The Parties agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to use of the Services, or these Terms must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.
Notice to Users from Other Jurisdictions
The Services are controlled and operated by RTS ARTS LLP from India. We do not represent or warrant that the Services, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those overseas-based who choose to access the Services, do so on their own initiative and at their own risk and are responsible for complying with all local laws, rules, and regulations. You also are subject to Indian export controls in connection with your use of the Services and are responsible for any violations of such controls. We may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.
These Terms constitute the entire and exclusive understanding and agreement between RTS ARTS LLP and you regarding the Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between RTS ARTS LLP and you regarding the Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without RTS ARTS LLP’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. RTS ARTS LLP may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by RTS ARTS LLP via email (in each case to the address that you provide) or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of RTS ARTS LLP to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of RTS ARTS LLP. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting RTS ARTS LLP
If you have any questions about these Terms, please contact RTS ARTS LLP at email@example.com. If you have a complaint, you may contact us at:
© RTS ARTS LLP LTD. All rights reserved.
RTS ARTS LLP (“RTS”) respects the intellectual property rights of others and expects its users to do the same.
It is RTS’ policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
RTS responds expeditiously to claims of copyright infringement committed using http://www.roadtosangam.com (the “Site”) that are reported to RTS.
If you are a copyright owner or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following Notice of Alleged Infringement / Take Down and sending it to RTS’ designated copyright officer, contact details of whom are provided below. Upon receipt of the notice as described below, RTS will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.
Notice of Alleged Infringement / Take Down (“Notice”)
In the Notice, kindly provide the following:
1. Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material that you claim is infringing your copyright or moral rights and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
3. Specify, as applicable, unauthorized use by reason of reproduction and/or making available the protected material, and/or breach of the moral right of [paternity/integrity/right not to have my work subjected to derogatory treatment].
4. Provide your full name, mailing address, physical or electronic signature, telephone number, and, if available, email address.
5. Specify any additional information which supports your complaint.
6. Provide intimation about any other steps taken to protect your rights.
7. A statement by you that you have 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.
8. A statement by you that the information in the notice is accurate and, under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of an exclusive right under the copyright that is allegedly infringed.
Please send the Notice at the below Contact Information of the designated copyright officer of RTS:
• Name: Kshitij Pathak
• Address: No 766/44, 4th Floor, Sakthi tower, Anna Salai, Thousand Light Chennai, 600002 Tamil Nadu, India.
• Email: firstname.lastname@example.org
Your Notice will be acknowledged within 2 working days from the date of its receipt by RTS.
Please note that if RTS removes or disables access to the materials reported in a notice, RTS may send a copy of the notice, including your contact information, to the reported user.
If you choose to submit a copyright takedown request to RTS, remember that you’re starting a legal process.
CAUTION TO MEMBERS: Do not make false claims. Misuse of this process may result in the suspension of your account or other legal consequences.
- Our Statement of Privacy Practice
RTS is not in the business of selling personal information/personal data it collects from you. We use your information to service your requests, communicate with you regarding our services and ourselves, and try to enhance your overall experience on the Platforms.
Our Privacy Principles
We are committed to recognizing and respecting your privacy rights by keeping you informed and processing and protecting your personal data in compliance with applicable law.
Effective May 25th, 2018, if you are from the European Economic Area (“EEA“), our processing of your personal data will comply with the Regulations (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (“GDPR“).
As per Article 9 of GDPR, RTS understands and acknowledges that sensitive personal data such as data consisting of racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data concerning health or data concerning a natural person’s sex life or sexual orientation, data concerning any sort of government identification number is not a criterion required for the purpose of providing RTS services and therefore we do not ask for any such sensitive personal data on our platform. However, some applications may ask you to identify your racial/ethnic origin or disabilities on a strictly voluntary basis (e.g. for purposes of providing equal employment opportunities) and you may choose not to submit this information without any detriment to your application. We also request you to not include any such sensitive personal data on the platform in any response or put any such information in your profile.
- User’s Consent to the Information we Collect
- Information collected by RTS Platforms
3.2 We collect the following types of information from you:
- Information Voluntarily Collected from You: We may collect and process some or all of the following information you make available to us if you register, download or use the Services, such as your:
- Email Address
- Mailing Address
- Phone Number
- Fax number
- Identification numbers
- Identity or address proofs
- User Name
- Other Registration Information
- Customer Support or Technical Information you provide when you contact us with questions about your use of the Services
- and any other information for the use of our Services; namely:
- Device Registration Data(for example, the type of mobile device you use, your mobile device’s unique device or advertising ID, IP address, operating system, and browser type),
- Device Settings(for example, your language preference)
- Mobile Carrier
- Information about how you use the Services(for example, how many times you use the Services each day)
- Requested and Referring URLs
- Location Data collected through your Device(including, for example, precise location data such as GPS and WiFi information)
- User Communication: When you send emails or other communications to us, we will retain those communications in order to process your inquiries, respond to your requests and improve our services and/or platforms.
- Cookies: We collect certain non-personally identifiable information when you use/visit our Platforms, as part of the standard operation of our server, by using cookie technology. This technology does not personally identify you or extract any information from your computer. Rather, cookie technology is used to provide an enhanced on-line experience, to measure and monitor the use of the platforms and to improve its design and content.
The cookie technologies may be used in analyzing trends, administering the Platform, tracking users’ movements around the Platform and to gather demographic information about our user base as a whole. Our Ad Partners may also use such technologies to deliver advertisements to you. We may also analyze information that does not contain Personal Information for trends and statistics.
We might utilize session ID cookies to enable certain features on our platform, to better understand how you interact with the platform and to monitor aggregate usage by the users and web traffic routing on the platform. Unlike persistent cookies, session cookies are deleted from your computer/device when you log off from our platform and then close your browser. Third-party advertisers on the platform may also place or read cookies on your browser.
User, may stop or restrict the placement of cookies on certain devices or flush them from the user’s browser by adjusting User’s web browser preferences, Users may still use RTS Services, but it may interfere with some of its functionality. Cookies and similar items are not used by RTS to automatically retrieve personal information from User’s device without User’s knowledge. Cookies are device and browser-specific, so if User makes a change to User’s environment, RTS may reinstall a cookie.
You can instruct your browser, by changing its options, to completely stop accepting cookies or to prompt you before accepting a cookie from the platform you visit. If you do not accept cookies, you may not be able to use all portions of the platform or all functionality of the Services.
- Log File Information- Log file information is automatically reported by your browser or mobile application each time you access our Platform. For example, when you access the RTS platform, our servers such as Amazon Web Services EC2 and S3, automatically record certain information that your web browser sends when you visit any platform. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, referring/exit pages and URLs, the number of clicks, domain names, landing pages, pages viewed and other types of activities on the Platform.
- Device Information- We collect information about the devices you use to access the Platform, including the type of device, operating system, settings, and unique device identifiers, and IP address. Whether we collect some or all of this information often depends on what type of device you’re using and its settings. For example, different types of information are available depending on whether you’re using IOS software or a PC or Android software. We collect the device type and any other information you choose to provide, such as username, geo-location, or email address.
User Profile Data
We may also offer you the option to create a user profile that may not be visible to other users of the Services. If you are a registered user you may also be able to adjust your account settings through your user account. Please note that, even if you adjust your settings so that your user profile remains private, we will still be able to access and view the information you provide as part of your user profile.
Public Data You Post through the Services
If you post information on public areas of the Services, that data may be collected and used by us, other users of the Services, and the public generally, such as reviews, comments, and user content. We strongly recommend that you do not post any information through the Services that allows strangers to identify or locate you or that you otherwise do not want to share with the public.
- How We Use Your Information
- to provide you with personalized content, services offered by RTS as well as promotional content and services. This can be done by using your previous search/browsing history, to determine relevant search results, to evaluate country-wise active and inactive user, subscription start and end date for partner plan, number of total transaction on the application, etc in order to provide you with related information or reach out to you about various offers or promotional events that you may be interested in;
- to customize and improve the features, performance, and support of the platform;
- to provide relevant advertising, including interest-based advertising from us and third parties, which may mean that we share non-personally identifiable information to third-party advertisers; how your information is used for advertising purposes is elaborated further below;
- to send you newsletters and other targeted and promotional communications;
- to deal with inquiries, complaints, and feedback from You as well as service providers;
- For internal operations, including troubleshooting, data analysis, testing, research, and service improvement; the information collected for this purpose may include your IP address and mobile device information to help diagnose problems with our service and to administer the Platform; how your information is used for analytics purposes is elaborated further below;
- to communicate with you or initiate communication with you on behalf of third parties through your RTS account or through other means such as email, mobile phones or postal mails, including through the use of contact information that you provide to us or (where it is lawful for us to do so) that we otherwise obtain from third-party resources;
- to analyze your use of the Platform and improve the Platform;
- to create aggregate and statistical data that does not identify you individually and that we can commercialize;
- To maintain legal and regulatory compliance for example compliance with court orders, subpoenas or specific requests from law enforcement agencies;
- For other purposes that you separately authorize as and when you interact with RTS.
- For any other purpose with your consent.
Special terms vis-à-vis Advertising and Third-Party Content and Links
For information about how tracking works for online advertising purposes, you can visitor http://www.aboutads.info/appchoices . We do not have access to or control over cookies, pixels or web beacons that third-party websites or partners may use. We are not responsible for the privacy practices or the content of these third-party websites. You are encouraged to review the privacy policies of the different websites that you visit.
Special terms vis-à-vis Analytics Services
We may also work with third-party analytics companies to help us understand how the Services are being used, such as data collection, reporting, ad response measurement, website, and mobile application analytics, and to assist with delivery of relevant marketing messages and advertisements.
We may use Google Analytics, an analytics service provided by Google or other third-party analytics services providers (“Analytics Services“) to collect information about your use of the Services. These Analytics Services may collect information about the content you view and your system information and geographic information. The information generated by the Analytics Services about your use of the Services will be transmitted to and stored by the Analytics Services. The information collected by the Analytics Services allows us to analyze your use of the Services.
We encourage you to review your device and Services settings to ensure they are consistent with your preferences, including with respect to the collection and use of information. You may be able to stop further collection of certain data by the Services by updating your applicable device settings, or you may uninstall the Services. In addition, you may choose not to share your location details by adjusting your mobile device’s location services settings. For instructions on changing the relevant settings, please contact your service provider/carrier or device manufacturer.
Use for Purchases and Payment Processors
Use for Promotions, Sweepstakes, and Contests
If you wish to unsubscribe from receiving marketing communications from us by email, please follow the instructions contained in each email you receive from us describing how you can unsubscribe from receiving further marketing communications from us. If you are a registered user you may also be able to adjust your email settings by logging in to your account and adjusting your account settings.
Use for Social Media and Sharing
The Services may use social networking or “share functionality” or may contain links to third-party social media sites or applications that are not owned or controlled by us. We also may allow you to use social media sites or applications to leverage your existing social media site or application accounts to access features of the Services. Your use of these features may result in the collection or sharing of information about you by these sites or applications, depending on the feature.
We have no control over and assume no responsibility for, any share functionality or the content, privacy policies, or practices of any third-party site or application. We encourage you to review the privacy policies and settings on the social media sites or applications with which you interact to make sure you understand the information that may be collected, used, and shared by those sites. You are subject to the policies of those third parties when and where applicable.
- How We Share Your Information (Third-Party Disclosures)
Although we are committed to protecting your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private. As a user of the Services, you understand and agree that you assume all responsibility and risk for your use of the Services, the internet generally, and the documents you post or access and for your conduct on and off the Platform.
Your account shall be visible to other users on the RTS platform. However, it is your responsibility to make sure that the users or third parties do not get unauthorized access to your account.
We may share your information with third parties who help us in the delivery of our services to you. We disclose information to companies and individuals we employ to perform functions on our behalf. We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of RTS Terms, or as otherwise required by Law.
RTS may or may not provide links to third-party services from within RTS services. RTS is not responsible for the privacy practices or the content of these third-party services and such links should not be construed as an endorsement of any such third-party services by us.
RTS shall not rent, sell or share your personal information with any other entity for its own marketing purposes under any circumstances publicly or anonymously. We will not rent, sell or share your personal information with any other entity for its own marketing purposes under any circumstances publicly or anonymously.
RTS shall not be responsible for any act of Users which is contrary to the Terms or the applicable laws. RTS shall not be held responsible for the illegal act of the user/third party towards the other.
We may specifically share the information you provide or that we collect in some circumstances as follows:
We may share your information with advertisers, third-party advertising networks and analytics companies who may use it to deliver targeted advertisements to you on the Services or third-party websites or advertisers. Similarly, these advertisers may share information with us about you that they have independently gathered or acquired. We may also share encrypted versions of information we have collected in order to enable our advertising partners to perform data analysis or for advertising-related use.
With our Company Affiliates
We may share your information with members of the RTS ARTS corporate family in order to provide joint content and services (like registration, transactions, and customer support), or to improve your experience with the Services, products and other services.
With our Partner Programs
If you are directed to the Services through a third party, we may share certain information back with that third party, which may include information such as name, email, and value of purchase depending on the type of relationship or Services utilized.
For Marketing Campaigns
From time to time we may disclose certain information (name, mailing address and non-sensitive transactional information such as your purchase history, amounts paid and products ordered) to marketing companies for trade or rental purposes. If you prefer to opt-out of the use of your personal information by marketing companies for trade or rental purposes, please let us know at email@example.com.
With our Service Providers
We may share your information with our service providers who work on our behalf. For example, these service providers may handle payment or credit card processing, data management, customer data pooling or aggregating, feature administration, email distribution, market research, information analysis, and promotions management. These service providers will only have access to the information needed to perform these limited functions on our behalf.
As Required By Law or to Protect Rights and to comply with our Policies
Business Transfers or Bankruptcy
- Your Access and Control of Your Information
We acknowledge your right to access and control your personal data.
Accessing, Correcting or Deleting Your Information
To request access to or correction of your personal data, you may send an e-mail to firstname.lastname@example.org or a letter to No 766/44, 4th Floor, Sakthi tower, Anna Salai, Thousand Light Chennai, 600002 Tamil Nadu, India
If you’d like us to delete information that you have provided through the Services, please write to us on email@example.com and we will respond in a reasonable time. Please note that some or all of the information you provided may be required in order for the Services to function properly or may be automatically retained in backup storage or records retention archival storage.
Portability of Your Personal Data
Data portability is the ability to obtain some of your information in a format you can move from one service provider to another. Depending on the context, this applies to some of your information, but not to all of your information. Should you request it, we will provide you with an electronic file of your basic account information and the information under your sole control.
- Transfer of Data Outside Your Country of Residence
If you are located outside of India and you choose to use RTS Services or provide your information to us, your data may be transferred to, processed and maintained on servers, databases or cloud storage facilities located in India. Your use of the Services represents your consent and agreement to these practices. If you do not want your data transferred to or processed or maintained in India, you should not use RTS Services.
8.2. We believe that parents have the ultimate responsibility to supervise their child’s online activities to ensure that they have a safe and rewarding experience. We urge parents to discuss the implications of the online release of personal information with their children and We urge children to check with their parents before entering any information on any website or platform or application including our Platform.
8.3. The Services are not intended for children under the legal age (For Indian Minors, under the age of 18). We do not knowingly collect or distribute personal information from or about children under the legal age. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at firstname.lastname@example.org. Some portions of our platform may contain portions, images or information which are not inclined in whole or in part to children under the legal age.
8.4. When a child under the legal age (minor) uses our platform, we may ask the child to supply his/her personally identifiable information, such as his or her name, address, e-mail address, telephone number, hobbies and information about his or her interest in, and use of, our services. We do not request that the child discloses more information than is reasonably necessary to participate in the activity of interest to the child. In addition, we also may collect certain non-personally identifiable information when a child visits our Platform, as part of the standard operation of our server, by using cookie technology. This technology does not personally identify a child or extract any information from his or her computer. Rather, cookie technology is used to provide an enhanced on-line experience, to measure and monitor the use of our Platform and to improve its design and content. The information this technology collects may include: the name of the child’s Internet Service Provider, the date and time the child accessed the Platform, the Internet address of the Platform from which the child entered our Platform and the other websites the child browsed after leaving our platform.
8.5. Data that would personally identify your child is known only when voluntarily submitted. When we collect personal information of a child below the legal age, we make reasonable efforts to ensure that the consent of the child for such collection has been authorized by a holder of parental responsibility for the child.
8.6. Whenever we request personally identifiable information from a child, we will not use the personal information for any purpose other than the completion of the promotion or participation in the activity. We do not share a child’s information with third parties (other than agents or contractors necessary for fulfillment services). We permit a child to send us e-mails. We will use the child’s personal information for the purpose of responding to their emails if we choose to do so, but we do not share them with third parties (other than for fulfillment services).
- Security Measures
We provide industry-standard physical, electronic, and procedural safeguards to protect personal data we process and maintain. For example, we take reasonable measures to limit access to this data to authorized employees and contractors who need to know that information in order to operate, develop or improve our Services. Please be aware that, although we endeavor to provide reasonable security for data we process and maintain, no security system can prevent all potential security breaches. As a result, we cannot guarantee or warrant the security of any information you transmit on or through the Services and you do so at your own risk.
- Rights and obligations for users located in the European Union:
If you are a resident of the European Union (EU) and you use or visit our platform or you availing any of our services therein, for the purposes of applicable data protection law (in particular, the General Data Protection Regulation (EU) 2016/679 (the “GDPR”)), please note that RTS shall be the data controller in relation to your information processed.
Transfers and location for storage of information: The information provided by you to RTS shall be transferred and/or stored in WordPress servers. You recognize that some of the jurisdictions where We transfer your information to do not provide the same level of data protection as the country in which you reside and are not recognized by the European Commission as providing an adequate level of data protection. We use approved model contractual clauses for the international transfer of personal information collected, or require that any third party located in the U.S. receiving your personal information is part of -U.S. Privacy Shield Frameworks and require that the third party agree to at least the same level of privacy safeguards as required under applicable data protection laws.
Data Retention: We retain your personal information/personal data that We collect from you for a maximum period of 6 to 12 months. When We have no ongoing legitimate business need to retain your personal information, we will either delete or anonymize it. If this is not possible (in a situation where your personal information has been stored in backup archives), We will securely store your personal information and isolate it from any further processing until deletion is possible.
Individual rights: You shall be eligible to the following individual rights.
- Right to erasure: You shall have the right to request the erasure of information concerning you held by RTS by withdrawing consent or if the information is no longer necessary for the purpose collected or under such other grounds as may be available under applicable law.
- Right to restriction of processing: You shall have the right to restrict RTS from using or processing the information concerning you where the accuracy of the information is contested (in which case We may require you to give written evidence to that effect), or the processing is unlawful or where it is no longer necessary for RTS for the purpose of processing.
- Notification of erasure, rectification, and restriction: We will communicate any rectification or erasure of your personal information or restriction of processing to each recipient to whom your personal information has been disclosed unless this proves impossible or involves disproportionate effort.
- Right to data portability: You shall have the right to receive the information concerning you, which was provided to KHIPL, in a structured, commonly used and machine-readable format and shall have the right to transfer the same to another entity where technically feasible.
- Right to object to processing: You shall have the right to object at any time to processing of personal information concerning you if such information is used for direct marketing purposes, including profiling.
- Right not to be subject to a decision based solely on automatic processing: You shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This is subject to exceptions under applicable law. In such cases where exceptions apply, you shall have the right to obtain human intervention on the part of RTS, to express your point of view and to contest the decision.
- Right to lodge a complaint: If you believe that We have infringed your rights, you have the right to complain about our processing of your personal information to the relevant data protection authority. You can complain in the EU member state where you live or work, or in the place where the alleged breach of data protection law has taken place. However, we request you to first contact us at the email email@example.com so that We can try to address the issue internally.
You can exercise any of the abovementioned rights by writing to Us at firstname.lastname@example.org
- Contact Us