1. Acceptance Of Terms
1.1. Monet operates the website “Our Website” ("Website"), a platform that allows you to post, link, store, share and otherwise make available certain information, text, graphics, photos, videos, or other material (together "Content"). Our goal is to help Photographers, bloggers, artists and everyone who is looking for an opportunity to upload and monetize their works.
1.2. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all photographers, artists, visitors, users, and others who access and/or use the Service. By accessing or using the Service, whether as a photographer, artist, visitor, or user of the Website, you agree to be bound by these Terms. These Terms serve to protect and safeguard your rights, the rights of other users, our rights, and the rights of third parties in the course of operating the Website. If you do not agree to the terms of use, you must immediately stop using any part of the Service.
2. Accounts and Registration
2.1. You have the option of creating a user account on our application so that you can use the additional functions of the application, in particular for uploading photos/artworks and other Content or for participating in any contests made available through the Service. The opening of a user account can only take place with the agreement to these Terms.
2.2. Upon registration, Monet and you enter into a contract for the use of the application and the Services. There is no claim to the conclusion of this contract. Monet is entitled to refuse your registration without giving reasons.
2.3. You may only register with Monet if you are 18 years of age or if you act with the consent of your parents or guardian to register under these Terms. Monet reserves the right to verify the consent of your parents or guardian. Therefore, you must provide the e-mail address of your parents or guardian when you register, so that we can obtain a declaration of consent from your parents or guardian. When you create an account with us, you must provide us with the information and data requested by Monet that is accurate, complete, and current at all times. If your data changes after registration, you are obliged to correct the information in your account immediately.
2.4. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without authorization, or a name that is otherwise offensive, vulgar or obscene.
Information You Provide
1. Monet (or third parties acting on its behalf) may collect information related to your use of the app. Third-party platforms through which you access the Site may collect information related to your use of such third-party platform and make such information available to Monet subject to your agreement with the applicable third-party platform. Monet’s collection and use of all such information shall at all times conform to this Terms of Use, the Monet Privacy Policy, and applicable law. 2. Monet will use and protect your personal information, such as your name and address, in accordance with the Monet Privacy Statement, the contents of which are incorporated by reference into these Terms of Use.
User Content
1. For any image, artwork, or content that you upload or post to the app (“Your Content”), you represent and warrant that:
2. (i) you have all necessary rights to submit Your Content to the app and grant the licenses set forth herein;
3. (ii) Monet will not need to obtain licenses from any third party or pay royalties to any third party with respect to Your Content;
4. (iii) Your Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and
5. (iv) Your Content complies with these Terms of Use and all applicable laws.
6. By uploading Your Content, you grant Monet a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from Your Content for the purpose of allowing you to edit and display Your Content using the Site and archiving or preserving Your Content for disputes, legal proceedings, or investigations. The above licenses will continue unless and until you remove Your Content from the Site, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.
7. You may not upload, post, or transmit any content that:
○ Infringes any third party's copyrights or other intellectual property rights or any right of publicity or privacy;
○ Contains any pornographic, defamatory, or otherwise unlawful or immoral content.
○ Exploits minors;
○ Depicts unlawful or violent acts;
○ Depicts animal cruelty or violence towards animals;
○ Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or
○ Violates any law, statute, or regulation.
8. You may not use any Monet Content for any purpose without first obtaining a license to use such Monet Content. Any use of Monet Content by you shall be governed by the applicable license agreement separately entered into between you and Monet. Displaying and/or distributing to the public any watermarked or unlicensed Monet Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.
Intellectual Property; Limited License to Users
1. Subject to your compliance with these Terms of Use, any applicable license agreement with Monet, and the law, you may access and use the app. Monet remains the sole owner of all rights, titles, and interests in the app and reserves all rights not expressly granted under these Terms of Use. Monet may modify, replace, or discontinue the app or any part thereof at any time, for any reason, with or without notice, in Monet’s sole discretion. Monet provides the app on an "as is" and "as available" basis.
2. All content on this app, including but not limited to Images, artworks, Footage, Music and related metadata (collectively the "Monet Content"), as well as the selection and arrangement of the Monet Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Monet Content violates such laws and these Terms of Use. Except as expressly provided herein or in a separate license agreement between you and Monet, Monet does not grant any express or implied permission to use the Site or any Monet Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any Monet Content. In addition, you agree not to use any data mining, robots, or similar data and/or image gathering and extraction methods in connection with the Site or Monet Content.
3. Unless you enter into a license agreement with Monet you may not download, distribute, display and/or copy any Monet Content.
4. You may not remove any watermarks or copyright notices contained in the Monet Content.
1. 3. Contests, Sweepstakes, and Promotions
3.1. Occasionally, Monet or our partners and/or advertising partners conduct promotional activities on the app, such as contests, sweepstakes, or other promotions (together "Promotions"). Each of these Promotions is subject to additional special conditions ("Conditions of Participation"), which will be published on our app or otherwise notified to you by Monet.
3.2. When participating in Promotions, you must separately agree to the applicable Conditions of Participation. After approval, the Conditions of Participation are an integral part of these Terms. In the event of a conflict between the Conditions of Participation and the Terms, the Conditions of Participation shall prevail with respect to the Promotion in question.
3.3. All prizes in connection with a Promotion are non-transferable and cannot be changed for cash or other products or services. Monet reserves the right to modify or replace the Promotion prizes.
6. Restrictions on use of the Service and Content
6.1. You represent and warrant to Monet that by using the Service you will NOT:
● impersonate any other person on the Services, e.g. a representative of Monet or any other person responsible for the Services, or impersonate any non-existent relationship with such persons;
● use the Service and/or app for the storage, publication and/or transmission of "junk mails", chain letters, unsolicited bulk e-mails, etc., or for any other purpose. "("spamming");
● send any data or store any data on a Monet data carrier which, by its nature or nature (e.g. viruses), size or reproduction (e.g. spamming), is intended to impair or endanger the existence or operation of the Services and the Monet data network;
● make any electronic attacks of any kind on the Service or network; in particular, the use of computer programs to automatically read out data such as robots, spiders, etc. is prohibited;
● use or exploit any metatags or other hidden texts containing the name or trademark of Monet without the express written consent of Monet;
● collect, store or use any personal information, including member names and profiles, about other users;
● copy the look and feel of the app.
6.2. Furthermore, despite the Monet License provided to you by Monet hereunder you agree to NOT use any Monet Content made available via the Service (in whole or in part):
● to portray any person depicted in the Content (a "Person") in a way that a reasonable person would find offensive, including but not limited to depicting a Person:
a) in connection with pornography, adult entertainment venues, escort services, dating services, or the like;
b) in connection with the endorsement of products and services (i.e. statement made to the Person highlighting the benefits or recommending products/services to the public);
c) in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint;
d) as suffering from, or medicating for, a physical or mental ailment; or
e) engaging in immoral or criminal activities;
● in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal;
● as a trademark, service mark, logo, or other indication of origin, or as part thereof;
● in a manner that infringes upon any third party’s copyright, trademark, or other intellectual property, or gives rise to a claim of deceptive advertising or unfair competition;
● falsely represent, expressly or by way of reasonable implication, that any Content was created by you or a person other than the copyright holder(s) of that Content;
● access, download, copy, modify, distribute, perform, or use any Content to create a similar or competitive service or to contribute the Content to an existing similar or competitive service.
Warranties and Disclaimers
1. Your use of the app is at your own risk. The app is provided by Monet under these terms of use "as is" without warranty of any kind, either express, implied, statutory, or otherwise. Monet expressly disclaims any and all warranties of any kind, whether express or implied, to each and any service available from the app, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Monet makes no warranty that: (i) the app will meet your requirements; (ii) access to the app will be uninterrupted; (iii) the quality of the app will meet your expectations; and (iv) any errors or defects in the site, services or materials will be corrected. Monet makes no representations or warranties that the app will be permitted in your jurisdiction, that any of Your Content submitted by you will be available through the app or will be stored by the app, that the app will meet your needs, or that Monet will continue to support any particular feature of the app. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the app, and no warranties shall apply after such period.
Indemnification
1. You agree to defend, indemnify and hold harmless Monet, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters, and independent contractors against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use app, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein your unauthorized use of the Monet Content, or your violation of any rights of another.
Miscellaneous
1. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state and county of New York. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. Monet shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Monet, such action is necessary or desirable.
2. These Terms of Use are governed by and shall be construed in accordance with the laws without respect to its conflict of laws principles.
TERMS OF SALE (MARKETPLACE)
TERMS OF SALE- ARTIST
· By clicking the check box, the seller agrees to put up the work for sale on the Monet Marketplace and should the sale be complete, the seller agrees to ship the artwork to Monet
· The items should be shipped by the seller to Monet within 7 days from the date of the sale. In case of any delay, the same should be notified to Monet before hand
· Monet will validate the artwork once received and will clear the payment to the seller by retaining the commission charges (20%) post completion of validation
· The seller has to bear the shipping charges which is exclusive of the commission charges to ship the artwork to Monet
· Monet will not be held responsible for any loss or damage caused to the artwork during transit
· In case of any discrepancy in the received artwork, the seller also has to bear the return shipping charges.
· Please reach out to us at marketplace@monet.ooo in case of any queries
TERMS OF SALE- COLLECTOR
· The artwork will be delivered to the buyer within 15 days from the date of order. In case of delay due to seller dependencies, the same will be notified to the buyer before hand
· Any details with regard to the delivery will be available on whatsapp.
· Orders once placed on the app cannot be cancelled by the buyer at any point of time.
· Any damages caused to the artwork during transit should be reported to Monet within 24 hours from the time of delivery
· Refunds/Return requests will not be accepted at any cost for the artworks that are hand delivered by Monet
· Monet holds the right to cancel any order based on the availability of the artwork.
· Please reach out to us at marketplace@monet.ooo in case of any queries
TERMS- HIKE/LIKE
Terms and Conditions- Hike/Like (Hike per Like)
-The users will be earning a Rupee for every 2 likes that they earn on Monet.
-The Hike/Like Feature is internal to the application only and any other likes on any external platform will at no cost be taken into consideration.
-The likes are calculated on the whole irrespective of the number of uploads to the application.
-The earned likes can only be converted into cash at minimum intervals of 1000 i.e, the users will be able to withdraw a minimum of Rs. 500 only.
-Monet reserves the right to block or ban any users or also decline the cash conversion if the users are found using any third party apps, likes generator or any other kind of foul play in order to earn likes in the application.
-The likes earned can be viewed on the “My stats" section of the application. They can be converted into cash only after the successful validation of the likes by the internal team.
-Monet reserves the right to make changes, remove or stop the feature on the application at it’s sole discretion.
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