Terms and Conditions

Effective Date: 15 December 2025

These Terms of Use (“Terms”) constitute a legally binding agreement between you (“User”, “you”, or “your”) and Ethereal operated by Dinkemor Pictures Pvt Ltd and/or its subsidiary(ies) and/or affiliate(s) (collectively referred to as “Ethereal” / “Ethereal Colours” / “Company”/ “Us”/ “Our”/ “We”), as well as its mobile application [as and when the same is made available] (or any other technological variants thereof, accessible through a computer, mobile or any internet connected device(s) or any other means to access the same from time to time), the products and related services (collectively, the ‘Services and Products’)

By accessing, browsing, or using the Website, you agree to be bound by these Terms and our Privacy Policy.​

1. Jurisdiction and Governing Law

   1. The Company is incorporated in India and operates the Website from India.
   2. These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.​
   3. Subject to any applicable statutory provisions regarding consumer disputes, the courts at New Delhi in India shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms or your use of the Website.​

2. Eligibility and Capacity

   1. Use of the Website is permitted to individuals who are competent to contract under the Indian Contract Act, 1872.
   2. Users under the age of 18 may create and use an account only with the consent and under the supervision of a parent or legal guardian, who shall be deemed to accept these Terms on the minor’s behalf and shall be responsible for the minor’s use of the Website.

3. Account Registration and Management

   1. To access certain features of the Website, you may be required to create an account and provide accurate, complete, and current information.
   2. You are responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your account. You agree to notify the Us promptly of any unauthorized use of your account or any other breach of security.​ In such an event, we shall do Our best to help you recover your account; however, we cannot guarantee that Your account will be restored or the content contained therein will be recovered. We will not be liable for any loss that You may incur as a result of unauthorized use of Your password or account. However, you could be held liable for losses incurred by the Us or another party due to someone else using your account or password.
   3. You may delete your account at any time through the account settings or by contacting us, subject to applicable laws and our data retention obligations.​
   4. If We reasonably believe that Your account and/or Password is being/ has been misused in any manner, We shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address.
   5. As a condition of Your use of the Services, You will not use the Services for any purpose that is unlawful or prohibited by these TOU. You shall not use the Services in any manner that could damage, disable, overburden, or impair Our server(s), or the network(s) connected to the Company’s servers, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

4. Intellectual Property Rights and License to Use Our Content

   1. All rights, title, and interest in and to the Website and the Our Content, including all copyrights, trademarks, trade names, logos, design, and other intellectual property rights, are owned by or validly licensed to the Company and are protected under applicable intellectual property laws.​ All photographs, videos, posts, and other content made available on the Website (“Our Content”) are created and exclusively owned or validly licensed by the Company.​
   2. Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, revocable, non-transferable license (not copyright) to access and use the Website and Our Content for personal or commercial purposes, provided that such use is not driven by hatred, delusion, anger, greed, jealousy, or pride and remains consistent with ethical, lawful, and non-harmful intent.​ You must ensure that the fundamental meaning of the Content is not changed or distorted or altered in any manner whatsoever.
   3. Where you use Our Content for commercial purposes, you are encouraged to make a voluntary payment via the Website in an amount you sincerely consider fair and justified. This payment can be made using the link https://www.etherealcolours.com/pay.
      The amount entered by you already includes the applicable taxes. If you are unable to determine an amount, you may contact us at contact@etherealcolours.com for further guidance.​
   4. You acknowledge and agree that:
      • You are solely responsible for obtaining any and all additional permissions, licenses, consents, and clearances required for your specific use of Our Content, including but not limited to location permissions, talent releases, and third‑party content licenses.
      • The Company does not provide and shall not be responsible for any such additional permissions, licenses, consents, or clearances in relation to your use of Our Content.​
   5. Except as expressly permitted in these Terms, you shall not copy, reproduce, modify, adapt, distribute, publicly display, publicly perform, or otherwise exploit the Website or Our Content in any manner that violates applicable law or infringes the Company’s or any third party’s rights.​

5. User Content Ownership

   1. Users are not permitted to upload or sell content on the Website, except for:
      • posting comments on Our Content;
      • uploading profile images; and
      • providing basic information about themselves as part of their account.​
   2. The Company does not claim any ownership rights in user profile images, comments, etc. ; however, by submitting these, you grant the Us a non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, and display such User Inputs solely for the operation, display, and improvement of the Website.​
   3. Under no circumstances shall the We be held responsible or liable, in any way, for any claims, losses, damages, liabilities in relation to any Content which is uploaded to Ethereal, for any reason whatsoever, including but not limited to the accuracy of the Content and/or the nature of such Content being derogatory, threatening, defamatory, obscene, offensive to public sensibilities or morals, or by reason of such Content being infringing of any other individual/entity’s rights. You specifically agree that We are not responsible for any Content transmitted through, published or uploaded on Ethereal by any third party, in any manner whatsoever.

6. User Conduct and User Inputs

   1. You agree not to use the Website or submit any User Inputs in any manner that is unlawful, harmful, offensive, or contrary to these Terms.​
   2. Without limiting the generality of the foregoing, you agree that your comments and other User Inputs shall not be driven by or constitute expressions of hatred, delusion, anger, greed, jealousy, or pride, and shall not:
      • be defamatory, obscene, pornographic, invasive of privacy, abusive, harassing, hateful, or otherwise objectionable;
      • promote discrimination, bigotry, racism, hatred, or harm against any individual or group;
      • infringe any intellectual property, privacy, or other proprietary rights of any person;
      • violate any applicable law, regulation, or court order; or
      • contain spam, deceptive or fraudulent content, or malicious code.​
   3. The Company may, at its sole discretion, monitor, review, edit, or remove any User Inputs and may suspend or terminate any account that, in its opinion, violates these Terms or applicable law, without any obligation to provide prior notice or reasons.​

7. User Interaction

   1. The Website currently allows Users to post comments on Our Content. Users are not provided with direct private messaging functionality with other Users through the Website.​
   2. You are solely responsible for your interactions and communications through comments, and you acknowledge that other Users’ comments reflect their own opinions and not those of the Company.​
   3. You represent that: (i) You have valid rights and title in any and all Content that You post or submit for publication on Ethereal; (ii) You have not infringed the intellectual property rights belonging to any party and further that You will indemnify Us and any/ all our affiliates for any and all claims, losses or damages arising out of, or in connection with, Your unauthorized use of any such Content posted or submitted for publication to Us by You.
   4. You agree and understand that posting or uploading of any information or material, which is harmful, defamatory, obscene, pornographic, libellous, invasive of another’s privacy, profane, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner is prohibited and any person found to be involved in such activity on Ethereal and its platforms will solely be liable for actions under the applicable laws.
   5. We accept no responsibility for the said Content. However, You understand that for all Content posted by You, You agree to grant/ assign to the Company and its affiliates, a non-exclusive, royalty free, perpetual, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed throughout the universe, as long as the fundamental meaning of the Content is not changed or distorted or altered in any manner whatsoever.

8. Payments, Subscriptions, and Refunds

   1. The Website may offer paid access, subscriptions, or other chargeable services for certain Content or features.​
   2. Payments may be made via credit/debit cards, net banking, digital wallets, UPI, pay‑later platforms and other options, as may be made available by payment service providers from time to time.​
   3. In case of recurring or subscription-based services, once you sign up, charges will be automatically debited at the applicable billing intervals without further notice, until you cancel such subscription in accordance with these Terms.​
   4. You may cancel recurring payments or subscriptions at any time through your account settings or as otherwise specified on the Website. Cancellation will be effective at the end of the then-current billing period, unless otherwise stated.​ You will not receive a refund for the current billing cycle. You will continue to have the same access and benefits of our Product or Services for the remainder of the current billing period.
   5. Refunds shall be provided only in the limited circumstances of duplicate or clearly erroneous payments actually received by the Company, subject to verification and at the Company’s sole discretion. No refunds shall be provided for partial periods of service or for user-initiated cancellations, save as may be required under applicable law.​
   6. The Company reserves the right to change the subscription and / or membership fees from a User, by giving reasonable prior notice, in respect of any product, Service or any other aspect of Ethereal. You will have the opportunity to accept the new fee or cancel your digital subscription from that point forward.
   7. Applicable taxes may vary. We are not able to notify you in advance of changes in applicable taxes.

9. Data, Communications, and Notifications

   1. The Company may collect and process certain personal data, including email addresses, in accordance with its Privacy Policy, for the purposes of operating the Website and providing services.​
   2. As of the Effective Date, email addresses and other contact details are used only for:
      • notifications about new content; and
      • communications regarding important updates or changes to the Website or these Terms.​
   3. Should We decide in future to send marketing or promotional communications (such as newsletters or offers), it shall:
      • provide prior notice of such change; and
      • offer a straightforward option to opt out of such communications, in accordance with applicable law.​

10. Disclaimers

    1. The Website and all Our Content are provided on an “as is” and “as available” basis, without any warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement, to the fullest extent permitted by law.​
    2. We do not warrant that the Website will be uninterrupted, secure, error-free, or free of viruses or other harmful components.​ Although We try our best, We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any content or information.
    3. We do not endorse, guarantee, or assume any responsibility for any User Inputs or third‑party content that may appear on or be linked to from the Website.​

11. Limitation of Liability

    1. To the maximum extent permitted by applicable law, in no event shall the Company, its directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits, loss of data, loss of goodwill, service interruption, computer damage, system failure, the cost of substitute goods or services or other intangible losses, arising out of or in connection with your use of or inability to use the Website or Our Content.​
    2. Notwithstanding anything to the contrary contained herein, the Company’s aggregate liability for all claims arising out of or in connection with these Terms, the Website, or the Our Content, whether in contract, tort (including negligence), or otherwise, shall in no event exceed the total amount actually paid by you to Us for use of the Website during the twelve (12) months immediately preceding the event giving rise to such claim, and in no case shall such amount exceed INR 10,000 in total.​
    3. Nothing in these Terms shall exclude or limit any liability which cannot be excluded or limited under applicable law.​

12. Indemnity

    1. You agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your access to or use of the Website or Our Content; (b) your User Inputs; or (c) your breach of these Terms or any applicable law.​

13. Suspension and Termination

    1. We may, at its sole discretion and without prior notice, suspend or terminate your access to the Website or any part thereof if it believes that you have violated these Terms, engaged in fraudulent or illegal activity, or for any other reason it deems appropriate.​
    2. Upon termination, your right to access or use the Website shall immediately cease. The provisions of these Terms which by their nature should survive termination (including, without limitation, provisions relating to intellectual property, disclaimers, limitation of liability, and indemnity) shall so survive.​
    3. You may contact Us if you believe your access was terminated in error.

14. No Controlling Spam Policy or Unsolicited E-mails

    1. You will not use any communication tool or other means available on Ethereal to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). You may not harvest information about other Users for the purpose of sending or to facilitate the sending of unsolicited bulk communications. We may terminate Your access or use of Ethereal immediately, with or without any notice, and take any other legal action if You, or anyone using Your access details to Ethereal, violates these terms. We may adopt any technical remedy (including any filtering technology or other measures) to prevent unsolicited bulk communications from entering, utilizing or remaining within Our computer or communication networks. Such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to You through Ethereal.

15. Modifications to the Website and Terms

    1. We reserve the right, at any time, to modify, suspend, or discontinue the Website or any part thereof, with or without notice and without any liability to you.​
    2. We may revise these Terms from time to time. The updated Terms will be posted on the Website with an updated “Effective Date”. Your continued use of the Website after such posting constitutes your acceptance of the revised Terms.​

16. Notices and Contact

    1. Any notices or communications to you may be provided electronically, including via email or by posting on the Website, to the extent permitted by law.​
    2. For any questions, concerns, or requests relating to these Terms or the Website, you may contact us at:  subscriptions@etherealcolours.com