Licences to Use Agreement

A brief detail of LEXHEART

LEXHEART is a facilitator functioning as an intermediary platform to display the works of Artist, Creator, Designer, Blogger, Freelancer, and Producer on their website www.lexheart.in, and connecting them with the interested clients/customers for their work. LEXHEART aims to connect the heart and soul in the work and inspire everyone. LEXHEART values the trust and the support that its artist, team, user/customer, and people, in general, have bestowed upon it.

Ownership of the LEXHEART’S Corporate Logo & Affiliate Logo: LEXHEART owns the Proprietary Rights including the Intellectual Property Rights in the LEXHEART Corporate Logo, LEXHEART Affiliates Logo, and such other logo or works as explicitly mentioned and displayed on the website. The Intellectual Property Rights in the LEXHEART Corporate Logo and LEXHEART Affiliates Logo are not transferable, and they cannot be assigned or licensed to anyone.

LICENSE TO USE AGREEMENT:

This is a digital License to use Agreement for the goods and services (hereinafter to be collectively referred to as ‘’the Work’’) displayed on www.lexheart.in the website and is made between YOU (the user/customer) and the LEXHEART. This License to use Agreement becomes effective when YOU click and confirm the License terms at the time of downloading or purchasing the products or services on the website or while using LEXHEART work in any manner. YOU are requested to go through the terms and conditions of this License to Use Agreement before downloading, purchasing, or using the displayed work on the website in any manner. This Agreement shall be governed by the Law of India.

Ownership over the Artist work

LEXHEART does not own the Proprietary Rights or the Intellectual Property Rights in the Artist's work. The Artist is the original and sole owner of the Intellectual Property Rights existing in their work. LEXHEART has a contractual agreement with the Artist to display their work on the website www.lexheart.in and to enter into this License to use Agreement with YOU on their behalf for non-exclusive license to use their work.

If YOU wish to purchase the artwork, then YOU can choose ‘Purchase’ instead of ‘License to use'. The Intellectual Property Rights in the Artist work may be transferred to you if the Artist agrees to and on payment of full consideration and upon following all due legal process as per the Law of India. The absolute transfer of the work from the Artist to YOU is separate and NOT PART of this License to use Agreement. YOU will have to enter into a separate agreement with the Artist for the complete transfer of ownership. LEXHEART shall assist in the process on expressed request by you via email to [email protected].

Terms of Agreement (TOA)

The following terms and agreement is a legal agreement between YOU or the employer or other entity on whose behalf YOU, (hereinafter shall be referred to as ‘User of the website’/’Customer’), are entering this License to use agreement with LEXHEART. The user of the website www.lexheart.in shall be bound by the License terms and agreement as herein below:

The user of the website/Customer by this Agreement desires to obtain and LEXHEART has agreed to grant, a license to use the work on payment of License Fees by entering into this License to use Agreement.

The scope of the License to use Agreement is applicable as (i) License to download and use the photo image, (ii) License to use the Logo, clip-arts, animations, etc, (iii) License to use the video, (iv) License to use the image/photograph of the artwork, (v) License to use the blogs or any part of the blog.

This License to use Agreement is made to authorize ONE individual to license, download, modify and use the content of the website for a single purchase of goods and service ONLY. User/Customer may choose to upgrade to a premium subscription. YOU and all members with whom YOU shared your credentials or who use your credential shall be bound by the terms and conditions of this License Agreement.

Types of License: This License Agreement gives YOU a non-exclusive and non-transferable license to download, use and reproduce subject to limitations as expressly set out herein. The Artist and the LEXHEART retain the ownership and rights to the work.

Consideration & Renewal: The License is active for one year only from the date of purchase of a license. The consideration is different for different work and is mentioned on the respective work display page of the website. YOU are required to renew the license annually by paying the renewal fees via payment gateway or such other modes as provided on the website or via e-mail. 

Geographical location: The License shall be applicable and limited to the geographical location of the user of the website/customer. To access any other geographical location, YOU have to enter into a separate License to use Agreement for the other geographical location.

Grievance redressal cell: LEXHEART values the faith the Client/Customers bestows on it and therefore maintains a strict quality management system of the work. However, in regards to any grievance with respect to the work, YOU can write to [email protected]. 

Indemnity: YOU agree to indemnify LEXHEART and the Artist against any and all direct losses, damages, claims, or expenses incurred or suffered by LEXHEART and the Artist, as a result of YOUR ignorance, negligence, or breach of this License to use Agreement.

Dispute Resolution: Any claims, dispute, or controversy (“Dispute”) arising out of this Agreement between the Parties which cannot be amicably determined shall be referred to Arbitration and shall be determined in accordance with the provision of Arbitration and Conciliation Act, 1996 and Rules there under and any statutory amendment or re-enactment made thereof from time to time. The Arbitration proceeding shall be conducted in English Language and in Mumbai. The Arbitration award shall be final and binding on the parties. Parties also agree that the availing Arbitration is a condition precedent to any other rights of action.

This License to use Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.

Disclaimer: LEXHEART reserves the right to make any modification to the TOA at any time in its sole discretion to comply with any company policy, and legal or regulatory requirements. The user is requested to visit TOA before purchasing any goods or opting for any service of LEXHEART. LEXHEART shall take all reasonable efforts to timely inform its user/customer of all the relevant changes in the policy or TOA.