Terms and Condition

Last Updated: 06.08.2023

These Terms of Service ("Agreement") constitute a legal agreement between Life Productions (Artistheque), ("we," "us," or "Artistheque") and you, the user ("you" or "user"), governing your access and use of our website and related services. By accessing our website at www.artistheque.com ("Site") and using any services we provide (collectively, "Services"), you acknowledge that you have read, understood, and agree to be bound by this Agreement.

Acceptance of Terms

  • By accessing and using this Site and our Services, you agree to abide by the terms and conditions of this Agreement. If you do not agree with any part of this Agreement, please do not use our Site or Services.
  • The Site is operated by Artistheque from its offices within India & Dubai. We make no representation that the materials on the Site are suitable or available for use in other locations, and access to our Site from territories where its content is illegal is strictly prohibited. Users accessing the Site from outside the India & Dubai are responsible for complying with all applicable laws in their jurisdiction.
  • We may update this Agreement periodically. Your continued use of the Site and Services after any updates constitutes your acceptance of the updated Agreement in its entirety. We encourage you to review the "Terms of Service" link on the Site's homepage each time you visit to stay informed of any updates.

Privacy Policy

  • Our Privacy Policy, available at Privacy Policy, outlines how we collect and use your personal information. By using our Site, you accept and agree to our Privacy Policy. If you disagree with the terms of the Privacy Policy, please discontinue using our Site. You must be at least 18 years old to access our Site.

The Services

  • Subject to your compliance with this Agreement and your subscription to an applicable plan with timely payment, we will provide the Services you have subscribed to for the duration of your subscription term. We will use commercially reasonable efforts to ensure the availability of Services, except during planned downtime and unscheduled emergency maintenance. We reserve the right to modify, replace, or discontinue the Services at our discretion and without prior notice.
  • To access and use the Services, you agree to:
    (i) Provide accurate, current, and complete information when prompted by any form on our Site ("Registration Data").
    (ii) Maintain and promptly update Registration Data to keep it accurate, current, and complete.
    (iii) Maintain the security of your account login credentials and notify us immediately of any unauthorized account use.
    (iv) Accept sole responsibility for any activities that occur on your account.
    (v) Provide valid email addresses for each authorized user of your account and any other information we reasonably request.
  • You are responsible for acquiring and maintaining the necessary telecommunications, broadband, and computer equipment and services required to access and use our Services, including payment of related charges.
  • We reserve the right to terminate your account without prior notice or liability if we determine, in our sole discretion, that you have:
    (i) Violated this Agreement.
    (ii) Engaged in activities inconsistent with our guidelines.
    (iii) Shared usernames or passwords.
    ((iv) Violated our core values.
    (v) Abused our Services or team in any manner, including for illegal purposes.
  • "Deliverables" refer to content developed specifically for you based on your design requests. Deliverables do not include Licensed Content, which is subject to specific license restrictions.
  • "Licensed Content" refers to stock or pre-existing content elements owned or licensed by us from third parties, including artwork, stock photographs, audio, typefaces, video, designs, and writings. While you retain sole and exclusive ownership of Deliverables, the Licensed Content incorporated in Deliverables is subject to the license described in Section 5 below. No rights are granted to you for Licensed Content beyond what is expressly outlined herein.
  • Subject to your continued compliance with this Agreement and timely payment, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Services for your internal business purposes. You may not use the Services to monitor its availability, performance, or functionality for competitive purposes. You may not:
    (a) Reverse engineer (except as permitted by law), decompile, disassemble, or attempt to discover source code, object code, or underlying structures, ideas, or algorithms of the Services.
    (b) Modify, translate, or create derivative works based on the Services.
    (c) Use the Services for any purpose other than your own internal purposes.
    ((d) Use the Services in violation of this Agreement or applicable laws and regulations, including privacy and intellectual property laws.
  • You grant us a perpetual, irrevocable, worldwide, non-exclusive, transferable, sublicensable right and license to commercially exploit any feedback, suggestions, or recommendations you provide to us.

Use of the Services

  • You may use the Services for any number of projects and scope within the limits of your subscribed plan. While we accept unlimited requests for Deliverables and revisions, our output may vary depending on factors such as request volume and complexity. We recommend against using our Services for time-sensitive projects.
  • While we strive for error-free Deliverables, due to the creative nature of our work, we cannot guarantee 100% error-free results. You agree to review and proof all files for errors or omissions upon delivery and notify us of any necessary changes or corrections within seven (7) days. We will make efforts to address reported mistakes within this timeframe.
  • The speed of your account is determined by your subscription level. Factors influencing output include the type of plan, volume of requests, and request complexity. We do not guarantee specific output volume for a single subscription and suggest adding subscriptions to increase daily output capacity.
  • You own and control all information, data, or materials you provide for Services ("Customer Content"). By submitting Customer Content, you represent that you own or have the necessary rights, licenses, and authorization to distribute it. You grant us a worldwide, royalty-free, non-exclusive license to access and use Customer Content to provide the Services.
  • You retain sole and exclusive ownership of all rights, title, and interest in Deliverables, including intellectual property rights. We agree that any Deliverables qualifying as "work made for hire" under 17 U.S.C. §101 are considered "work made for hire" for you. For non-"work made for hire" Deliverables, we irrevocably assign all rights to you. Notwithstanding, these terms are subject to your compliance with this Agreement, full payment, and Sections 4.7 and 5 below. You grant us a limited, nonexclusive, non-sublicensable, royalty-free worldwide license to use Deliverables solely for providing Services and managing your account. We may use Deliverables for internal purposes, improving Services, and aggregated marketing purposes.
  • Artistheque does not tolerate discrimination based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin. You may not use our Services to incite, promote, or support discrimination or hostility. We reserve the right to terminate or suspend your access to Services without notice and liability if we determine, at our sole discretion, that your use promotes discrimination, especially on prohibited grounds.
  • Deliverables may contain third-party content or assets that we use under license. You agree to comply with any applicable licenses or restrictions on the use of such content and indemnify us for any claims arising from your use of third-party content in Deliverables.
  • You agree to defend, indemnify, and hold harmless Artistheque, its affiliates, directors, employees, and agents from any and all claims, liabilities, costs, and expenses, including reasonable attorney's fees, arising in any way from your use of the Services, violation of this Agreement, or infringement of any third-party rights.

Licensing of Deliverables

  • Upon full payment and subject to your continued compliance with this Agreement, we grant you an exclusive, worldwide, royalty-free, transferable, sublicensable right and license to use, reproduce, adapt, modify, distribute, publicly display, and publicly perform Deliverables for any purpose, including commercial use, provided such use is not illegal or in violation of this Agreement.
  • You are solely responsible for obtaining any additional rights, permissions, or clearances necessary to use Deliverables beyond the scope of this Agreement, including, but not limited to, third-party intellectual property rights and model releases.

Payment and Fees

  • You agree to pay all applicable fees for the Services as outlined on our pricing page. All fees are in U.S. dollars and non-refundable. We reserve the right to change our fees at any time upon notice. Fee changes will take effect at the beginning of your next billing cycle.
  • All subscription plans are billed monthly or annually, depending on the option you choose during the subscription process. Payment is due in advance and will be automatically charged to the credit card or other payment method you provide during registration. It is your responsibility to maintain current payment information on your account.
  • In the event of non-payment or declined payments, we may suspend or terminate your access to the Services without notice and without liability.
  • You are responsible for all taxes associated with the Services, excluding taxes based on our net income. If applicable, we will add sales tax to your payments for Services provided.

Termination and Refund Policy

  • You may cancel your subscription at any time by visiting your account settings on the Site. Cancellation will be effective at the end of your current billing period, and no refunds will be issued for the remaining days of your current subscription term.
  • We reserve the right to suspend or terminate your access to the Services at any time, with or without cause, and with or without notice, in our sole discretion.
  • Upon termination or cancellation, all rights and licenses granted to you under this Agreement will terminate, and you must cease using the Services.
  • Upon termination or cancellation, we may, at our sole discretion, delete or retain your Customer Content and Deliverables. We are not responsible for any loss of Customer Content or Deliverables upon termination.

Intellectual Property Rights

  • The Site and Services, including all text, graphics, images, logos, design, and the compilation of all content on the Site, are the property of Artistheque or its licensors and are protected by copyright and other intellectual property laws.
  • You may not use any of our trademarks, trade names, or service marks without our express written consent.

Disclaimer of Warranties

  • YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
  • WE DO NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT PROVIDED THROUGH THE SITE OR SERVICES.

Limitation of Liability

  • TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARTISTHEQUE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR SERVICES, REGARDLESS OF WHETHER ARTISTHEQUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • IN NO EVENT SHALL ARTISTHEQUE'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES EXCEED THE GREATER OF (I) THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (II) ONE HUNDRED U.S. DOLLARS.

Dispute Resolution

  • This Agreement shall be governed by and construed in accordance with the laws of the India, without regard to its conflict of law principles.
  • Any dispute, claim, or controversy arising out of or relating to this Agreement or your use of the Site or Services shall be resolved through binding arbitration administered by the law of India.
  • You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or your use of the Site or Services must be filed within one (1) month after such claim or cause of action arose or be forever barred.

General Provisions

  • This Agreement constitutes the entire agreement between you and Artistheque regarding your use of the Site and Services and supersedes any prior agreements between you and Artistheque.
  • Any failure by Artistheque to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
  • If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
  • This Agreement may not be assigned by you without the prior written consent of Artistheque. Artistheque may assign its rights and obligations under this Agreement without your consent.

Contact Information

  • If you have any questions or concerns about this Agreement or our Services, please contact us at info@lifeds.in.
  • By using the Site and Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement.