Terms of Service

Our mission is to take art and culture to the heart of the community, making it accessible to diverse audiences, and to create a museum-going culture that encourages people to experience art and heritage in new ways. Our services are designed to promote opportunity for our members by enabling users to meet, exchange ideas, learn, and find opportunities in a network of trusted relationships through a variety of educational programmes as a part of the museum’s outreach.

1. Introduction

1.1 Contract
When you use our Services, you agree to all of these terms. Your use of our Services is also subject to our Cookie Policy and our Privacy Policy, which covers how we collect, use, share, and store your personal information.

You agree that by clicking “Register”/ “Sign Up”/ “Subscribe” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with MAP (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Register”/ “Sign Up”/ “Subscribe” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.

Services
This Contract applies to https://map-india.org/ and other MAP – related sites, apps, communications and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services, such as our ads (if any) and with MAP plugins. Registered users of our Services are “Members” and unregistered users are “Visitors”.

You are entering into this Contract with MAP (also referred to as “we” and “us”) and MAP will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services.

This Contract applies to Members and Visitors. As a Visitor or Member of our Services, the collection, use and sharing of your personal data is subject to our Privacy Policy (which includes our Cookie Policy and other documents referenced therein) and updates.

1.2 Members and Visitors
When you register and/ or subscribe to the MAP Services, you become a Member. If you have chosen not to register for our Services, you may access certain features as a “Visitor.”

1.3 Change
We may make changes to the Contract. We may modify this Contract, our Privacy Policy and our Cookies Policy from time to time. If we make material changes to it, we will provide you notice through email, or by other means, to provide you the opportunity to review the changes before they become effective.

We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date.

2. Obligations

2.1 Service Eligibility
Here are some promises that you make to us in this Contract: You’re eligible to enter into this Contract and you are at least our “Minimum Age”. Subscription to the Services are not for any under the age of 18.

To use the Services, you agree that:
(1) you must be the “Minimum Age” or older;
(2) you will only have one MAP account, which must be in your real name; and
(3) you are not already restricted by MAP from using the Services.

Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18.

“Minimum Age” means 18 years old. However, if law requires that you must be older in order for MAP to lawfully provide the Services to you without parental consent (including the use of your personal data) then the Minimum Age is such older age.

Children may access MAP services with the knowledge of, under the supervision and in presence/ company of a parent or legal guardian, since such access shall only be via media the Parent’s or Legal Guardian’s account. A minor/ or individual below the Minimum Age will not be allowed to have an account with MAP.

Permission by Parent or Guardian: For all purposes, permission of a Parent or a Legal Guardian is deemed and implied and is understood to have allowed access to minor/ individual below the
Minimum Age. It is implied that a Minor/ individual below the Minimum Age shall have his/ her parent or legal guardian’s permission to use the Service to access any content.

“Vulnerable Adult” means adults with certain disabilities, physical and/ or mental, which may have a direct or indirect effect on the faculties concerning cognisance capabilities and/ or reasonable decision- making abilities of the concerned individual. Vulnerable Adults may have access to the contents listed on the website, which shall only be accessed under the supervision and in presence/ company of a parent or legal guardian.

If you are a parent or legal guardian of a minor/ individual below the Minimum Age/ Vulnerable Adult, by allowing the use the Service, you are subject to the terms of this Agreement and responsible for your ward’s activity on the Service.

2.2 Your Account

• You will keep your password a secret.
• You will not share an account with anyone else and will follow our rules and the law.
• Members are account holders. You agree to:
  (1) use a strong password and keep it confidential;
  (2) not transfer any part of your account (e.g., connections) and
  (3) follow the law and our list of Dos and Don’ts.
• You are responsible for anything that happens through your account unless you close it or report misuse.
• As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use, the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.

2.3 Payment

• You will honour your payment obligations and you grant express consent to us storing your payment information.
• You understand that there may be fees and taxes that are added to our prices.
• Refunds are subject to our policy. Subscriptions are non-refundable. If you cancel your subscription, all of your Premium features, will expire at the end of your billing cycle. In the event wherein MAP is constrained to discontinue/ restrict, with immediate effect, your access to the services/ delete your account owing to any of your act(s), which is not legal and/ or forbidden under the present Terms of Usage and/ or breach of the present Terms of Usage, then MAP shall be within its rights and not be liable to refund any amount paid for subscription.
• If you subscribe any to our paid Services, you agree to pay us the applicable fees and taxes specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services.
• Also, you agree that:

(1) Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
(2) The payment gateways collect data that may include your contact details, your card details and the transaction details which facilitates your online payment. We do not collect or store any of
these personal details and we do not have any control over them. This data is completely managed by the Payment Gateway tools according to their own privacy policies.
(3) If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.
(4) All of your purchases of Services are subject to MAP’s refund policy.
(5) We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

• You can get a copy of your invoice through your account settings.

2.4 Notices and Messages
You’re okay with us providing notices and messages to you through our websites, apps, and contact information. If your contact information is out of date, you may miss out on important notices.
You agree that we will provide notices and messages to you in the following ways:
(1) within the Service, or
(2) sent to the contact information you provided us (e.g., email, mobile number, physical address).
You agree to keep your contact information up to date.

2.5 Sharing
When you share information on our Services, others can see, copy and use that information. We are not obligated to publish any information or content on our Service and can remove it with or
without notice.

3. Rights and Limits

3.1. Your License to MAP
You own all of the content, feedback and personal information you provide to us, but you also grant us a non-exclusive license to it.
We will honour the choices you make about who gets to see your information and content, including how it can be used for ads.
As between you and MAP, you own the content and information that you submit and you are only granting MAP and our affiliates the following non-exclusive license:

A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

(1) You can end this license generally by closing your account, except

• to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it
• for the reasonable time it takes to remove from backup and other systems.

(2) We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content). However, we have the right, without payment to you or others, to serve ads near your content and information, as noted in the Privacy Policy. If you use a Service feature, we may mention that with your name or photo to promote that feature within our Services, subject to your settings.

(3) While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning
of your expression.

(4) Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others.

(5) You and MAP agree that if content includes personal data, it is subject to our Privacy Policy.

(6) You and MAP agree that we may access, store, process and use any information and personal data that you provide in accordance with, the terms of the Privacy Policy and your choices (including settings).

(7) By submitting suggestions or other feedback regarding our Services, you agree that MAP can use and share (but does not have to) such feedback for any purpose without compensation to you.

(8) You promise to only provide information and content that you have the right to share, and that your User Information will be truthful.

(9) You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights).

(10) You also agree that your profile information will be truthful.

MAP may be required by law to remove certain information or content in certain countries.

3.2 Service Availability

• We may change or end any Service or modify our prices prospectively.
• We may change, suspend or discontinue any of our Services.
• We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.
• We don’t promise to store or keep showing any information and content that you have shared. MAP is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

3.3 Other Content, Sites and Apps

• Your use of others’ content and information posted on our Services, is at your own risk.
• Others may offer their own products and services through our Services, and we aren’t responsible for those third-party activities.
• By using the Services, you may encounter content or information that might be inaccurate, incomplete,
  delayed. MAP generally does not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information.
• We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. You
  also acknowledge the risk that you or your organisation may be mistakenly associated with content from other users. MAP may help connect Members offering their services with Members seeking services. MAP does not perform nor employs individuals to perform these services. You must be at least 18 years of age to offer, perform or procure these services. You acknowledge that MAP does not supervise, direct, control or monitor Members in the performance of these services and agree that:
  (1) MAP is not responsible for the offering, performance or procurement of these services,
  (2) MAP does not endorse any particular Member’s offered services, and
  (3) nothing shall create an employment, agency, or joint venture relationship between MAP and any Member by offering services.
• Similarly, MAP may help you register for and/or attend events organised by Members and connect with other Members who are attendees at such events. You agree that:
  (1) MAP is not responsible for the conduct of any of the Members or other attendees at such events,
  (2) MAP does not endorse any particular event listed by its Members on our Services,
  (3) MAP does not review and/or vet any of these events, and
  (4) that you will adhere to these terms and conditions that apply to such events.

3.4 Limits
We have the right to limit how you connect and interact on our Services.

• MAP reserves the right to limit your use of the Services, and your ability to contact other Members.
• MAP reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services (e.g., violating any of the Dos and Don’ts).

3.5 Intellectual Property Rights
We are providing you notice about our intellectual property rights.
MAP reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Service marks, graphics and
logos used for our Services are trademarks or registered trademarks of MAP. While all artworks presented/ displayed in the due course of our Services shall be the sole and unaltered IP rights of the
Professionals/ Artists or of MAP.

3.6 Automated Processing
We use data and information about you to make relevant suggestions to you and others.

We use the information and data that you provide and that we have about Members to make recommendations for content and features that may be useful to you. For example, we use data and
information about you to recommend artworks to you. Keeping your profile accurate and up to date helps us to make these recommendations more accurate and relevant.

4. Disclaimer and Limit of Liability

4.1 No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.

MAP AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, MAP AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

4.2 Exclusion of Liability
These are the limits of legal liability we may have to you.

TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS MAP HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), MAP, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES. MAP AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO MAP FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY.

4.3 Basis of the Bargain; Exclusions
The limitations of liability in this Section are part of the basis of the bargain between you and MAP and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if MAP or its affiliates have been told of the possibility of any such damage, and even if these remedies fail their essential purpose. These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.

5. Termination

We can each end this Contract, but some rights and obligations survive.

• Both you and MAP may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
  (1) Our rights to use and disclose your feedback;
  (2) Members and/or Visitors’ rights to further re-share content and information you shared through
  the Services;
  (3) Sections 4, 6, 7, and 8.2 of this Contract;
  (4) Any amounts owed by either party prior to termination remain owed after termination.

6. Governing Law and Dispute Resolution

In the unlikely event we end up in a legal dispute, you and MAP agree to resolve it in Bangalore Courts using Indian law which shall have its exclusive jurisdiction to adjudicate upon the matter.

7. General Terms

Here are some important details about the Contract:

• If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the
  rest of this Contract.
• This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services. If we don’t act to enforce a breach of this Contract, that does not mean that MAP has waived its right to enforce this Contract.
• You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that MAP may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
• You agree that the only way to provide us legal notice is at the addresses provided in Section 10.

8. “Dos and Don’ts”

8.1. Dos
This list of “Dos and Don’ts” limit what you can and cannot do on our Services. You agree that you will:

a. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
b. Provide accurate information to us and keep it updated;
c. Use your real name on your profile; and
d. Use the Services in a professional manner.

8.2. Don’ts
You agree that you will not:

a. Create a false identity on MAP, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;

b. Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services
or otherwise copy profiles and other data from the Services;

c. Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);

d. Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of MAP;

e. Disclose information that you do not have the consent to disclose (such as confidential information of others;

f. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the
available sharing functionality) the content published on MAP website without MAP’s express written permission, which they may give or deny upon its free will discretion without citing any
reasons thereof;

g. Violate the intellectual property or other rights of MAP, including, without limitation,

1. copying or distributing our contents or materials or

2. copying or distributing our technology, unless it
is released under open source licenses;

3. using the word “MAP” or our logos in any business
name, email, or URL;

h. Post anything that contains software viruses, worms, or any other harmful code;

i. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;

j. Imply or state that you are affiliated with or endorsed by MAP without our express consent (e.g., representing yourself as an accredited MAP representative/ agent);

k. Rent, lease, loan, trade, sell/re-sell or otherwise monetise the Services or related data or access to the same, without MAP’s express written consent;

l. Deep-link to our Services for any purpose other than to promote our Services;

m. Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;

n. Monitor the Services’ availability, performance or functionality for any competitive purpose;

o. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;

p. Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);

q. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or

r. Violate any additional terms concerning a specific Service that are provided when you sign up for or start using such Service, and the MAP terms where applicable.

9. Complaints Regarding Content

Contact information for complaint about content provided by our Members.

We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. For complaints concerning content posted by our Members, please write to us at hello@map-india.org.

10. How To Contact Us

Our Contact information also provides information about our Services.

For general inquiries, you may contact us online. For legal notices or service of process, you may write us at the addresses provided in the website.

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