Acceptance of the Terms
By accessing this website, you agree that you have read, understood and are bound by the Terms. In these Terms, references to “you”, “User” shall mean the end user accessing the Website and its contents. “Company”, “we”, “us” and “our” shall mean Fotoholix including its affiliates, subsidiaries, successors and assigns.
This Website is offered and available to users who are 18 years old or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company. If you are not 18 years old or older, you must not access or use the Website.
The Website provides a number of products, services, features and functionality which are available through the internet web site accessible at www.fotoholix.com (“Services”). In addition, the Website may also display some third party products, services or features, the access or use of any third party products, services or features on the Website shall have its own supplemented terms and conditions which shall be binding if such services, products or features are accessed, used, or procured.
2. Data Security and Ownership
All materials on this Website, including but not limited to information, displays, audio, images, software, text, icons, video, and audio, and the design, selection, and arrangement and such like (the “Content”), are owned by the Company, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Website limiting the way you may use the Content. You agree to use the Website for your personal use only and undertake not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from,transfer, or sell any product, service or feature, information, software obtained from the Website or publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website except for:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Website for your own personal use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you make take such actions as are enabled by such features.
It is clarified that unlimited or wholesale reproduction, copying of the Content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
You must not:
- Modify copies of any materials from this site.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
- If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. There are a number of proprietary logos, service marks and trademarks found on this Website whether owned/used by Company or otherwise. By displaying them on this Website, Company is not granting you any license to utilize those proprietary logos, service marks, or trademarks.
4. Your Content a. For any image, footage, text, audio, or any other content that you upload or post to the Website (“Your Content”), you represent and warrant that: (i) you have all necessary rights to submit Your Content to the Website and grant the licenses set forth herein; (ii) the Company will not need to obtain licenses from any third party or pay royalties to
- Any third party with respect to Your Content; (iii) Your Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) Your Content complies with these Terms and all applicable laws.
b. By uploading Your Content, you grant the Company a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from Your Content for the purpose of delivery of Services or allowing you to edit and display Your Content using the Website and archiving or preserving Your Content for disputes, legal proceedings, or investigations. The above licenses will continue unless and until you remove Your Content from the Site, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.
c. You may not upload, post, or transmit any video, image, text, audio recording, or other content that:
i. Infringes any third party’s copyrights or other intellectual property rights or any right of publicity or privacy;
ii. Contains any pornographic, defamatory, or otherwise unlawful or immoral content.
iii. Exploits minors;
iv. Depicts unlawful or violent acts;
v. Depicts animal cruelty or violence towards animals;
vi. Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or
vii. Violates any law, statute, or regulation.
d. You may not use any of the Company Content for any purpose without first obtaining a license to use such Company Content. Any use of Company Content by you shall be governed by the applicable license agreement separately entered into between you and the Company. Displaying and/or distributing to the public any watermarked or unlicensed Company Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.
5. User Guideline.
Access or use of the Website may contain services such as email or bulletin board services, for the business purpose (hereinafter collectively referred to as “Communication Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”). Any User Contribution you post to or through the site will be considered non-confidential and non-proprietary (unless you use the proper trademark or copyright notices in the post). By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- All of your User Contributions do and will comply with these Terms.
• You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
You agree and undertake to use the Communication Services only to post, send and receive messages or emails and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree and undertake that when using a Communication Service or accessing or using this Website, you will not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
- upload or distribute files that contain viruses, corrupted files, or any other similar software;
- programs that may damage the operation of this Website or server or another’s computer or handheld devises;
- impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- h. violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service; and engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability;
- violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- Otherwise attempt to interfere with the proper working of the Website.
6. Monitoring and Enforcement; Termination.
We have the right to
• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation any violation of these Terms.
• Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Website, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
7. Content Standards.
These content standards apply to any and all User Contributions and use of Communication Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions comply with the User Guidelines.
8. Reliance on Information Posted.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
In fulfilment of our commitment to protect the principles of copyright in general, you must seek permission to use copyrighted works whenever appropriate from the protected party before using or posting it on the Website. Further, you acknowledge that copyright infringement is a violation of the law and may impose civil and/or criminal liability on the individual infringer, as well as on the infringer’s employer. Therefore, you are required to comply with copyright law and adhere to this copyright policy. Failure to do so may result in suspension of your account and/or civil or criminal charges.
• Copyright laws are generally not straightforward and they have many grey areas. The aim of this policy is to provide practical advice and procedures, but it is not a substitute for legal advice. Proper legal advice should be obtained whenever necessary and is solely your responsibility.
- It is your sole responsibility to determine if anything you post on or through this Website is protected by copyright. Not everything is protected by copyright. This includes: works that are not fixed; titles, names, slogans; ideas, facts and data; listings of ingredients or contents; natural or self-evident facts; and public domain works (more on this below). Some of these things may, however, be protected under other areas of law, such as patent or trademark law, or by contract. It is important to be sure that no other form of protection restricts the use of such materials before using them, and this determination is solely your responsibility.
• If you believe that any Services or User Contributions violate your copyright or that or anyone else, you are required to send us a notice of copyright infringement to
“Vijayshree”, 3rd Floor, Tarte Colony, Opp. Soanl Hall,
Karve Road, Pune 411004
•It is the policy of the Company to terminate the user accounts of repeat infringers.
10. Links from the Website.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
11. Disclaimer of Warranties.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. Limitation on Liability.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR ITS AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR (I) DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE; OR (II) DAMAGES RELATING TO ANY CLAIM THAT ACCRUED MORE THAN ONE YEAR BEFORE THE INSTITUTION OF ADVERSARIAL PROCEEDINGS THEREON. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
SUBJECT TO THE ABOVE AND NOTWITHSTANDING ANYTHING TO THE CONTRARY ELSEWHERE CONTAINED HEREIN, THE MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE)) OF THE COMPANY, REGARDLESS OF THE FORM OF CLAIM SHALL BE THE AGGREGATE FEES PAID TO COMPANY HEREUNDER FOR THE PURCHASE MADE GIVING RISE TO SUCH CLAIM. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY OR REMEDY HEREIN.
You agree to defend, indemnify, and hold harmless the Company and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any violation of our Copyright Policy, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.
14. Geographic Restrictions.
The owner of the Website is based in the, Pune, Maharashtra, India. We make no claims that the Website or any of its content is accessible or appropriate outside of the country India. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside country India, you do so on your own initiative and are responsible for compliance with local laws.
15. Online Purchases and Other Terms and Conditions.
All purchases through our site or other transactions for the sale of goods or services formed through the Website or as a result of visits made by you are governed by the terms of sale for such transactions, which are hereby incorporated into these Terms. Additional terms and conditions may also apply to specific portions, services, or features of the Website or software available through the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms.
16. Information About You and Your Visits to the Website.
17. Accessing the Website and Account Security.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you.
You are responsible for
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.
• If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your
user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
19. Governing Law and Jurisdiction.
The use or access of the Website or the Services, or the Terms therein and any dispute or claim arising therefrom and all related matters, shall be governed and construed exclusively by the laws of Maharashtra without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Pune to resolve any legal matter, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
No waiver of by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
22. Entire Agreement.
The Terms, including all documents expressly incorporated herein by reference, constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to firstname.lastname@example.org (Email ID)
Thank you for visiting the Website.