terms & conditions

TERMS OF SERVICE*

This page contains terms and conditions ("Terms”) that will apply to any User (defined below) who uses any Services (defined below) offered by idreamt Online Gallery (“idreamt”, “We”, “Our”, “Us”) or access/ browse Our Platform (defined below).

If a User continues to browse and use the Platform to avail the Services, User irrevocably and unconditionally agrees to comply with, abide by and be bound by all the obligations as stipulated in the Terms, which together read with Our privacy policy available at [https://www.idreamt.com/privacy-policy] (“Privacy Policy”); and any other applicable policies referred to herein or made available on the Platform (collectively referred as “Terms of Service”). Please read these Terms of Service carefully.

IF YOU DO NOT AGREE TO BE BOUND BY ANY OF THESE TERMS OF SERVICE, PLEASE DO NOT USE THE PLATFORM OR ITS SERVICES.

Section I: Definitions
  • Account” shall have the meaning ascribed to it in Section III.
  • Administrative Approval” means approval given by idreamt to the Artist for displaying their Artwork on the Platform.
  • Applicable Law” means all applicable laws and regulations applicable to a User of the Platform, in respect of use of the Platform by the User.
  • Artist/Seller” shall mean any User who has created an Account on Our Platform and seeks to sell their Artwork and/or others’ artwork owned by them to Customers/Buyers through the Platform.
  • Artwork” shall mean any form of tangible art or such as art and/or literary work created by an Artist.
  • Buyer/Customer” shall mean those User who has created an Account on Our Platform and seeks to buy Artwork(s) of Artist(s) through the Platform.
  • Platform” shall mean idreamt website viz. www.idreamt.com and/or idreamt websites/applications.
  • Physical Approval” shall mean approval given by idreamt for delivery of the Artwork to the Buyer/Customer, once the Artwork is in physical possession of idreamt.
  • "Service(s)" means services provided through the Platform within India, as described in further detail under Section II below. The Services provided through the Platform may change from time to time, at the sole discretion of idreamt.
  • User” or “You” shall mean any person or entity who accesses or visits the Platform and/or shall avail Services on the Platform, or his/her representatives or affiliates who are registered on the Platform.

Section II: Services

1. If You are an Artist/Seller:
We provide You a Platform that allows You to sell Your Artwork to the Buyers/Customers in India, by putting Your Artwork on display on Our Platform. Once You have agreed to sell Your Artwork on the Platform and subject to Our Administrative Approval and Physical Approval, We will display it on Our Platform for its sale, and provide logistic support for its collection, payments, and delivery within India, which may be done through Our various business partners.

Administrative Approval
The Administrative Approval will be given by idreamt to display the Artwork on the Platform, only if the Artwork is in compliance with Applicable Laws and these Terms of Services. The decision of giving the Administrative Approval will be solely of idreamt and shall be final for all intents and purposes for the said Artwork.

Physical Approval
The Physical Approval will be given by idreamt, only if the physical Artwork matches the description of the Artwork given by the Artist/Seller to be displayed on the Platform. In case, the Physical Approval is not given, (i) the Artwork shall not be delivered to the Buyer; (ii) No amount so collected from the Buyer (if any) will be transferred to the Artist; and (iii) the Artist needs to collect the Artwork from idreamt at their cost within 15 days of the artwork being disapproved. idreamt will not be responsible for the Artwork in the event the Physical Approval is not given and the Artist has not collected the same at their own cost. The decision of giving the Physical Approval will be solely of idreamt and shall be final for all intents and purposes for the said Artwork.

2. If you are a Buyer/Customer:
We provide You a Platform that allows You to browse to various Artists/Sellers and their Artwork and enables You to buy such Artwork. We also provide logistic support for delivery of Artwork within India, which can be through Our various business partners.


Section III: idreamt Account

For availing Our Services:
You must register on the Platform and open Your account (“Account”) on the Platform. You undertake that all the information You provide to Us on accessing and/or using our Services is and shall remain true, accurate and complete at all times.
The information collected while creating Your Account will be governed by the terms of Our Privacy Policy.
You are responsible for maintaining the confidentiality of Your login credentials and are fully responsible for all activities that occur through your Account. Should You login to the Platform using such login credentials, it shall be deemed that Your Account has been accessed by You or any third-party to whom You have granted access to the Account.
You agree to immediately notify us if You suspect or become aware of any unauthorized use of Your Account or any unauthorized access to the password for any Account. We shall have no responsibility or obligations for any actions executed through Your Account if You do not notify us of the unauthorized access or use of Your Account. You further agree not to use the Account or log in with the username and password of another User of the Platform unless: (a) You are expressly authorized to use this Account; or (b) such use would violate these Term of Service.


Section IV: Consideration

In consideration of the Services provided on the Platform, idreamt shall receive fees / commission from the Artist, as mutually agreed by the relevant Artist and idreamt.


Section V: Use of Service

You agree that:
You shall not use the Services for any purpose that is prohibited by the Terms of Service, or in violation of any Applicable Laws;
You shall not perform any act that would (a) infringes on any intellectual property or other right of any other person or entity; (b) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, offensive, or profane; or (c) impersonates any person or entity. idreamt reserves the right to disable any Account from the Platform at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities; or if idreamt is concerned that You may have violated the Terms of Service), or for no reason at all with or without notice to the User/Users.
You agree to immediately notify Us of any unauthorised use, or suspected unauthorized use of Your Account, or any other breach of security, in relation to Your personal information on the Platform.


Section VI: User Representation and Warranties

By accessing, browsing or using the Platform or availing Our Services, You represent and warrant that:
You are at least 18 (Eighteen) years of age or of such age as required under Applicable Laws and regulations applicable to You in respect of the Platform, to enter into an agreement or contract. If you are below 18 (Eighteen) years of age, parental consent will be required as stated in the privacy policy (https://www.idreamt.com/privacy-policy)
You are competent and eligible to enter into a legally binding agreement and be bound by these Terms and Conditions.
You shall provide true and correct information to Us in a timely manner as and when required for Us to provide You the Services.
You shall only access, browse or use the Platform or avail the Services for lawful purposes and shall solely be responsible for the knowledge of and adherence to all or any laws, rules and regulations pertaining to Your access, browsing or use of the Platform or availing of the Services.
If You avail the Services on behalf of an organization, You agree to that these Terms of Service on behalf of such organization and You represent that You have the authority do all the acts necessary relevant to the use of the Platform on behalf of Your organization.


Section VII: General Terms

1. Availability
The Services are provided by idreamt on an "AS IS" and "AS AVAILABLE" basis and idreamt reserves the right to modify, suspend or discontinue the Services, in its sole discretion, at any time and without notice. You agree that idreamt is and will not be liable to You for any modification, suspension or discontinuance of the Services or any part thereof.

2. Privacy
idreamt has a firm commitment to safeguarding Your privacy. Please review idreamt's Privacy Policy (https://www.idreamt.com/privacy-policy) The terms of idreamt's Privacy Policy are incorporated into, and form a part of, these Terms of Services.

3. Trademarks
All brand, product and services names used in the Services which identify idreamt or third parties and their products and services are proprietary marks of idreamt and/or the relevant third parties. Nothing in the Services shall be deemed to confer on any person any license or right on the part of idreamt or any third party with respect to any intellectual property such image, logo or name etc.

4. Copyright and Copyright in Your Content
idreamt maintains that it is only a platform providing the Service and does not claim ownership rights in any Artwork. For the sole purpose of enabling us to make Your Artwork available through the Service, you grant to idreamt a non-exclusive, royalty-free license to distribute, re-format, store, prepare derivative works based on, and publicly display and Your Artwork. idreamt does not claim ownership rights in Your works or other materials posted by you to idreamt (Your Artwork) and must not be held responsible in the event Your Content infringes or violates any existing copyright. While idreamt’s watermark will provide security to an extent, please note that when You upload Artwork, third parties will be able to copy, distribute and display Your Artwork using readily available tools on their computers, for which idreamt is not to be held responsible.

5. Reporting Copyright Violations
idreamt respects the intellectual property rights of others and expects users of the Service to do the same. At idreamt's discretion and in appropriate circumstances, idreamt may remove Your Artwork submitted to the Platform, terminate the accounts of users or prevent access to the Platform by users who infringe the intellectual property rights of others. If you believe the copyright in your work or in the work for which you act as an agent has been infringed through this Service, please contact support@idreamt.com

6. External Links
idreamt may provide links to third-party websites or resources. You acknowledge and agree that idreamt is not responsible or liable for: the availability or accuracy of such websites or resources; or the Artwork, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by idreamt of such websites or resources or the Artwork, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

7. Third Party Software
As a convenience, we may make third-party software available through the Service. To use the third-party software, You must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between You and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an "AS IS" basis without warranty of any kind. In no event shall idreamt be liable for claims or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.

8. Conduct
You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to idreamt that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. idreamt does not endorse any content placed on the Service by third parties or any opinions or advice contained in such content. You agree to defend, indemnify, and hold harmless idreamt, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.

9. Disclaimer of Warranty and Limitation of Liability
idreamt makes no representations or warranties of any kind, express or implied as to the operation of the service, or the content or products, provided through the service. You agree that the use of the service is at your sole risk. You specifically acknowledge that idreamt is not liable for your defamatory, offensive or illegal conduct, or such conduct by third parties, and you expressly assume all risks and responsibilities for damages arising from such conduct.

10. Returns, Refunds and Cancellation
idreamt carries out quality checks on every piece of Artwork displayed on the Platform. Each piece must get Administrator Approval and Physical Approval for the purchase to be processed. Returns and refunds are carried out in the event: the Artwork or frame are damaged during delivery. In this case, the Buyer/Customer of the Artwork may receive a full/partial refund for the purchase or choose another piece for the same amount.

11. Amendment of the Terms
We reserve the right to amend these Terms of Service from time to time in our sole discretion. If You have registered as a User, we shall notify You of any material changes to these Terms of Service (and the effective date of such changes) by sending an email to the address You have provided to idreamt for Your Account. For all other Users, we will post the revised Terms of Service on the Platform. If You continue to use the Service after the effective date of the revised Terms of Service, You will be deemed to have accepted those changes. If You do not agree to the revised Terms of Service, Your sole remedy shall be to discontinue using the Service.

12. Indemnity
You agree to indemnify, defend, and hold idreamt, its employees and representatives harmless from and against any and all losses including reasonable attorney’s fees and expenses, of third parties relating to or arising out of:

  • breach of any of the provisions of these Terms and Conditions and/or Privacy Policy; or
  • fraud or dishonesty relating to any transaction by You; or
  • misrepresentation/fraud/negligence with respect to data and information provided by You;

We will have the right to participate in any defence by You of a third-party claim related to Your access / use of the Platform or Your account, with counsel of the Our choice at its expense.
We will also reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with Us in asserting any available defenses.
The terms of this provision of Terms of Service will survive any termination or cancellation of this Terms of Service or Your access, use of the Platform, Your Account or availing of Services. You must receive the idreamt’s prior written consent regarding any related settlement in any claim against the idreamt.

13. Limitation Of Liability
idreamt is not an intermediary, advisor, agent or third party to the Users with regard to either a Artist/Seller or Buyer/Customer, and idreamt shall take no responsibility for the quality or adequacy of any Artwork, User disputes placed on the Platform by the Users. To the fullest extent permitted by law, in no event shall idreamt and its affiliates be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services (i) for any lost profits, data loss, loss of goodwill or opportunity, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) for Your reliance on the services (iii) for any matter beyond its or their reasonable control, even if idreamt has been advised of the possibility of any of the aforementioned damages.

14. Governing Law
This Agreement shall be governed by the laws of India and the courts in Bangalore, India shall have exclusive jurisdiction over any disputes connected to Our Platform or the Services.

15. Grievance
If you have any comments, complaints or questions about the Service please contact us by email at support@idreamt.com.


Section VII: Additional Terms

1. Registration
There is no age bar to register as a member of the Service as a seller or purchase products. You agree that the information that you provide to us upon registration and at all times will be true, accurate, current and complete. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.

2. Password
When you register as a member you will be asked to provide a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify idreamt of any unauthorized use of your password.

3. Submitting Content
You will be granted the privilege of submitting certain types of Your Artwork, such as art and literary work for display on Your user page and the Platform. Prior to submitting these Artwork You must accept the additional terms of the submission policy, which is incorporated into, and forms a part of, the Terms of Services.

4. Monitoring Content
idreamt has the ability to control the Artwork You may upload, post or otherwise transmit using the Service. All Artwork is admin approved to avoid inappropriate/irrelevant/unreadable etc. content. You acknowledge that You are solely responsible for all Artwork and material you upload, post or otherwise transmit using the Service.

5. Storage Policy
At this time, idreamt provides free online storage of Your Artwork to registered members of the Service. However, you acknowledge and agree that idreamt may, at its option, establish limits concerning your use of the Service, including without limitation the maximum number of days (30-90 days) that Your Artwork will be retained by the Service, the maximum size of any Content files that may be stored on the Service, the maximum disk space that will be allotted to you for the storage of Artwork on idreamt's servers.

6. Conduct
You agree to be subject to and to conduct yourself in accordance with the idreamt Etiquette Policy. You are responsible for all of Your Artwork You upload and display using the Service.

7. Commercial Activities
Commercial activities mean the offering, solicitation or sale of goods or services by anyone other than idreamt. Commercial activities with respect to the arts are permitted for registered Users acting as individuals/corporates (Institutions). Commercial activities in the form of paid advertising on the Service are subject to the terms and conditions relating to the purchase of such advertising. No other commercial activities are permitted on or through the Service without idreamt's written approval.

8. Suspension and Termination of Access and Membership
You agree that idreamt may at any time, and without notice, suspend or terminate any part of the Service, or refuse to fulfill any order, or any part of any order or terminate Your Account and delete any Artwork stored on the idreamt Platform, in idreamt's sole discretion, if You fail to comply with the Terms of Service or Applicable Law.