The website [ www.indiaretailing.com ] (the “Website”) developed, owned and operated by Images Multimedia Private Limited (“Images Multimedia”) is offered to its visitors, who may view the Website (“Visitors”) upon the Terms and Conditions provided hereunder. By accessing and/or using the Website, you agree (1) to be bound by these Terms and Conditions and are deemed to have read and understood all of its contents and implications; and (2) you grant your free and unconditional consent to be subject to these Terms and Conditions as applicable.
User Submissions and Content:This Website facilitates the posting/ uploading/ submission of photos, profiles, messages, notes, text, information, video, links to other websites and other content including without limitation comments posted by other Visitors (the “Content”), by the Visitor posting them (the “User”). The User may submit their Content through the website interface. The User shall be responsible in all respects for the Content posted / published by them and any consequences that may arise from posting / publishing such Content. The User represents and warrants that, (i) where the Content does not belong to the User, the User has procured the right or the necessary permission or license to use the Content; and, (ii) The User shall not post or publishany Content which is in contravention of any Indian or International law, that which has not been created by the User, or that which violates on the right of another person.
Images Multimedia may from time to time review the Contents of the Website. Images Multimedia has the exclusive right to delete or remove, without notice, any content that, in its sole judgment, is in violation of the Terms and Conditions mentioned herein, or is offensive, illegal or harmful to the sentiments of a Visitor or any other person.
The User will not (i) contravene any Indian law for the time being in force, (ii) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless the User is the owner of such rights, or has the necessary permission from the rightful owner of such material to post the Content, and hereby grants Images all of the license rights granted; (iii) publish falsehoods or misrepresentations that could damage Images Multimedia or any third party; (iv) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, hateful, racially orethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise considered inappropriate; or (v) misidentify yourself in submitting the Content or misstate your true identity.
User submissions are the opinions of the User and Images Multimedia does not endorse any Content or any recommendation or advice expressed therein. Further, Images Multimedia expressly disclaims any and all liability in connection with Content submitted by the User.
By posting or publishing any Content on to the Website, the User hereby grants a world-wide, royalty free, non-exclusive, transferable license to use, copy, prepare or derive from the Content in any media throughout the world.
Information posted or published on the Website is non- confidential, and the User submits such information at their own risk.
The User must bear in mind that the Website hosts Content posted / published from a variety of sources and that Images Multimedia shall in no way be responsible for the accuracy or truthfulness of the Content posted / published. Further, Images Multimedia shall not be responsible for any claim, error, omission made by advertisers on the Website.
The User agrees to the terms and conditions of conduct set our herein below with reference to the Content. The User agrees that:
- The User will not publish, post, display, upload, distribute or disseminate any profane, defamatory, infringing, obscene, pornographic, sexually explicit or unlawful topic, name, material or information of any kind.
- Provide material that exploits or violates any person in any manner.
- Provide false information on the registration form /profile, or impersonate others so as to mislead or confuse other Users regarding the source of the Content.
- Present to third parties any Content or material in a manner that could be construed as conveying sponsorship, endorsement, option, or representation or warranty of Images Multimedia.
- Use the Website in violation of any local, state, national or international law, statute, ordinance, regulation, rule, code or guidelines for the time being in force.
- Upload files that contain software or other material that violates the intellectual property rights of any third party or Images Multimedia.
- Upload content /files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or computer systems.
- Use the Website as a platform to advertise or offer to sell any goods or services for any purpose, whether or not commercial, without the express permission of Images Multimedia, and in accordance with the terms and conditions laid down by Images Multimedia with reference to the same.
- Violation of any of the Terms and Conditions set out herein gives Images Multimedia the right to take action against the User, which could extend to the User being blocked from accessing the website and / or legal action.
- In the event that a User or Visitor is exposed to Content on the Website which they believe is unlawful, obscene, defamatory, libelous, threatening, pornographic, hateful, racially or ethnically offensive, or damaging towards any religion, ethnic group, club, organization, company or individual, Images Multimedia encourages the User or Visitor to report such material to Images Multimedia at www.ndiaretailing.com/feedback.aspx?mpgid=4&pgidtrail=4 so as to enable Images Multimedia to take appropriate action.
Financial Transaction and Credit, Debit Card Information
If you make any financial transactions on the website for any service, advertising banners, product placements or products, you may be asked for credit, debit card or other payment information. You agree that all information you provide is accurate, complete and current and that you will pay all charges owed, including any applicable taxes.
The User agrees to defend, indemnify and hold harmless Images Multimedia, and its officers, directors, employees, contractors, sub-contractors, partners, licensors or agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access of the Website; (ii) your violation of any term of these Terms Conditions; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, publicity or privacy right; or (iv) any claim that Content posted by you has caused damage to a third party or Images Multimedia Pvt Ltd. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Website.
Visitor to Comply with Applicable Laws
This Website may be accessible from places that are out of the geographical boundaries of the Republic of India. Images Multimedia makes no representation that the material available on the Website is appropriate for use in other geographical locations. Visitors and Users that access the Website from locations other that the geographical boundaries do so at their own risk, and shall be responsible for compliance with the laws of India.
Change of Terms and Conditions without notice
Images Multimedia may change these Terms and Conditions without notice. Continued use of this Website indicates an acceptance to the Terms and Conditions herein and any subsequent changes that may be made from time to time. Images Multimedia recommends that the User / Visitor re visit these Terms and Conditions from time to time to understand and be fully aware of theuser policy of this Website.
END USER LICENSE AGREEMENT
The Products transacted through the Service are licensed, not sold, to you for use only under the terms of this license, unless a Product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to your prior acceptance of that separate license agreement. The licensor (“Application Provider”) reserves all rights not expressly granted to you. The Product that is subject to this license is referred to in this license as the “Licensed Application.”
Scope of License: This license granted to you for the Licensed Application by Application Provider is limited to a non-transferable license to use the Licensed Application on any device that you own or control .This license does not allow you to use the Licensed Application on any product or device that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced component included with the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. We may suspend or stop providing our Services to you if you do not comply with our terms or policies of this agreement or if we are investigating suspected misconduct. Using our Services or this application does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Consent to Use of Data: You agree that Application Provider may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. Application Provider may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
Termination: The license is effective until terminated by you or Application Provider. Your rights under this license will terminate automatically without notice from the Application Provider if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
Services: Third Party Materials:The Licensed Application may enable access to Application Provider’s and third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that You accept additional terms of service.
You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at Your sole risk and that the Application Provider shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed or displayed on or linked to the application are not available in all languages or in all countries. The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, You do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserves the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
No Warranty: You Expressly Acknowledge And Agree That Use Of The Licensed Application Is At Your Sole Risk And That The Entire Risk As To Satisfactory Quality, Performance, Accuracy And Effort Is With You. To The Maximum Extent Permitted By Applicable Law, The Licensed Application And Any Services Performed Or Provided By The Licensed Application (“Services”) Are Provided “As Is” And “As Available”, With All Faults And Without Warranty Of Any Kind, And Application Provider Hereby Disclaims All Warranties And Conditions With Respect To The Licensed Application And Any Services, Either Express, Implied Or Statutory, Including, But Not Limited To, The Implied Warranties And/Or Conditions Of Merchantability, Of Satisfactory Quality, Of Fitness For a Particular Purpose, Of Accuracy, Of Quiet Enjoyment, And Non-Infringement Of Third Party Rights. Application Provider Does Not Warrant Against Interference With Your Enjoyment Of The Licensed Application That The Functions Contained In Or Services Performed Or Provided By, The Licensed Application Will Meet Your Requirements, That The Operation Of The Licensed Application Or Services Will Be Uninterrupted Or Error-Free, Or That Defects In The Licensed Application Or Services Will Be Corrected. No Oral Or Written Information Or Advice Given By Application Provider Or Its Authorized Representative Shall Create a Warranty. Should The Licensed Application Or Services Prove Defective, You Assume The Entire Cost Of All Necessary Servicing, Repair Or Correction. Some Jurisdictions Do Not Allow The Exclusion Of Implied Warranties Or Limitations On Applicable Statutory Rights Of a Consumer, So The Above Exclusion And Limitations May Not Apply To You.
Limitation Of Liability: To The Extent Not Prohibited By Law, In No Event Shall Application Provider Be Liable For Personal Injury, Or Any Incidental, Special, Indirect Or Consequential Damages Whatsoever, Including, Without Limitation, Damages For Loss Of Profits, Loss Of Data, Business Interruption Or Any Other Commercial Damages Or Losses, Arising Out Of Or Related To Your Use Or Inability To Use The Licensed Application, However Caused, Regardless Of The Theory Of Liability (Contract, Tort Or Otherwise) And Even If Application Provider Has Been Advised Of The Possibility Of Such Damages. Some Jurisdictions Do Not Allow The Limitation Of Liability For Personal Injury, Or Of Incidental Or Consequential Damages, So This Limitation May Not Apply To You.
Complianc with Export Laws: You shall comply with all laws and regulations of India and other countries (“Export Laws”) to ensure that the Software Product is not (1) exported, directly or indirectly, in violation of Export Laws, or (2) used for any prohibited by Export Laws. You also agree that you will not use these products for any purposes prohibited by Indian Law or law of any nation.
The laws of India: excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws as may be prevailing at the relevant time.
Force Majeure: Neither party shall be liable hereunder by reason of failure or delay in the performance of its obligations hereunder (except for the non-payment of money) on account of strikes, shortages, riots, insurrection, war, acts of terrorism, fires, flood, storm, explosions, earthquakes, acts of God, governmental action, labor conditions, or any other cause which is beyond the reasonable control of the party.
Arbitration: Except in circumstances where a party seeks urgent injunctive relief, before commencing any court proceedings, if any disputes arise under this Agreement the parties will negotiate in good faith to resolve the dispute and if the dispute has not been resolved within sixty (60) calendar days by the relevant parties using their best efforts to resolve the dispute, the dispute will be referred to arbitration and determined under the Rules of Arbitration as per the Arbitration and Conciliation Act 1996, by one or more arbitrators appointed in accordance with such Rules with any hearings to be held at either at Delhi (India) or as mutually agreed by the parties.
This Agreement: is the entire agreement between End User and the host relating to the Products and services and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Products or any other subject matter covered by this Agreement. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. This Agreement may not be modified or amended except as described on the first page of this Agreement or otherwise with the written agreement of the host (which may be withheld in its complete discretion without any requirement to provide reasons). As used herein, “including” (and its variants) means “including without limitation” (and its variants). If either party to this Agreement breaches any provision of this Agreement relating to Confidential Information or intellectual property rights, there may not be an adequate remedy available solely at law; therefore, an injunction, specific performance or other form of equitable relief or monetary damages or any combination thereof may be sought by the injured party to this Agreement. No failure or delay by the injured party to this Agreement in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder at law or equity. The parties are independent contractors.
Other Disclaimers: Notwithstanding Anything Else In This Agreement, To The Maximum Extent Permitted By Applicable Law, And Except For End User’s Breach Of Any License Or Use Restrictions Relating To Products, In No Event Shall Either Party (Or Their Respective Third Party Suppliers/Licensors) Be Liable For Any Special, Incidental, Punitive, Indirect, Or Consequential Damages (Including Lost Profits Or Revenue) Whatsoever Arising Out Of Or In Any Way Related To This Agreement. End User Specifically Understands And Agrees That Atlassian (On Behalf Of Itself And Its Third Party Suppliers/Licensors) Disclaims All Warranties And Liability With Respect To Loss, Loss Of Use Or Corruption Of Any End User Data (Or Other Data End User May Provide) And The Costs Of Procurement Of Any Substitute Goods.