Effective Date: 2nd August 2025
Jurisdiction: India
This Disclaimer ("Disclaimer") governs your use of the website Photonests.com(“Website”) operated by Photonests (“we,” “our,” or “us”), which facilitates the sale, purchase, and display of photographic artworks, the organization of photography contests, and the public exhibition of works in online galleries.
By accessing or using the Website, you, the user, is conditioned upon your acceptance of all terms, conditions, polices and notices set forth in this Disclaimer. If you do not agree to all or any part of this Disclaimer, then you may not access the website or use any of the services.
1. Content Ownership and Intellectual Property
All photographic artworks displayed or sold on this Website are either:
- Owned by Photonests, or
- Provided by independent contributing artists, who retain ownership of their work and grant us a limited license to display, promote, and sell their submissions.
We make reasonable efforts to verify that all submitted content is original and does not infringe third-party intellectual property rights. However, we are not liable for any copyright violations or false claims made by artists or participants.
If you believe that any artwork displayed on our platform infringes your rights, please notify us in writing at info@photonests.com with valid documentation for review under applicable law.
2. Product Representation and Color Accuracy
While we strive to represent all artworks accurately through high-quality previews and descriptions:
- Variations in color, tone, scale, or texture may occur due to screen differences or photographic reproduction processes.
- For printed artworks, slight deviations are inherent and do not constitute a defect or ground for return or refund.
We make no warranties or guarantees as to the exactness of the image reproduction, especially in physical formats.
3. Digital Product Access and Delivery
For digital downloads or digital artwork purchases:
- Delivery is considered complete once access is granted or files are transmitted.
- Photonests is not responsible for the loss, deletion, corruption, or mismanagement of files on the user's device after delivery.
- Users are advised to back up digital purchases for personal use.
4. Contest Participation and Judging
All contests are conducted in good faith and are subject to separate published rules. We:
- Reserve the right to disqualify entries that violate rules or appear plagiarized.
- Do not guarantee any commercial benefit, employment, or exhibition beyond what is explicitly offered.
- Are not liable for subjective judging decisions, which are final and non-contestable.
Contest participation is entirely voluntary.
5. Artist Submissions and Public Display
By submitting works to Photonests for display, sale, or contest entry, artists agree that:
- They are the original creators of the work and hold all relevant rights
- Photonests may publicly display, promote, and archive their work, with credit
- We are not responsible for unauthorized copying, downloading, or reuse of images by third-party users or visitors, despite reasonable protections in place
Artists may request removal of their work from the site by writing to info@photonests.com, but Photonests reserves the right to retain archived or legally transacted materials.
6. External Links and Third-Party Content
This Website may contain links to external websites or third-party resources for convenience. We do not:
- Endorse any such websites or their content.
- Accept responsibility for their availability, accuracy, or data practices
Access to third-party websites is at your own risk.
7. Limitation of Liability
To the fullest extent permitted by law, Photonests disclaims all liability for any:
- Loss or damage resulting from the use or inability to use the Website.
- Delays in order fulfilment or digital delivery.
- Errors in artwork descriptions or metadata.
- Disputes between artists and buyers.
- Unauthorized use of user-submitted images by external parties.
Your use of the Website and reliance on any content is entirely at your own risk.
8. Governing Law and Jurisdiction
This Disclaimer shall be governed by and construed in accordance with the laws of India. Any disputes arising under or in connection with this Disclaimer shall be subject to the exclusive jurisdiction of the courts located in Panchkula, India.
9. Contact Information
If you have questions or concerns about this Disclaimer, please contact:
Email:info@photonests.com