Terms & Conditions of Use of the Website
Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms & Conditions. These Terms & Conditions apply to all visitors, users and others who wish to access or use the Website.
By accessing or using the Website you agree to be bound by these Terms & Conditions. If you disagree with any part of the terms and/or do not accept these terms & Conditions then you do not have permission to access the Website.
Any new features or tools which are added to the current store shall also be subject to the Terms & Conditions of Service of the Website. You can review the most current version of the Terms of service at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions of Service of the Website by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
When you use our Service or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our website or through our other Services. You agree that all agreements, notices, disclosures and other communications that we provide to you, electronically satisfy any legal requirement that such communications be in writing.
Our Website allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, images, icons or other material or content on the site (“hereinafter referred to as “Content”). You are and shall be responsible for the Content that you post on or through the Website, including its legality, reliability, and appropriateness.
By posting Content on or through the Website, You represent and warrant that :
(i) the Content is yours (you own it) and/or you have the right to use and post it and the right to grant us the rights and license as provided in these Terms, and
(ii) that the posting of your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other lawful rights of any person or entity. We reserve the undisputed right to immediately terminate the account of anyone found to be infringing on a copyright without obtaining your consent to terminate.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are solely responsible for protecting those rights.
We take no responsibility and assume no liability for the Content you or any third party posts on or through the Website. However, by posting any Content using the Website you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Website. You agree that this license includes the right for us to make your Content available to other users of the Website, who may also use your Content subject to the Terms specified herein.
We have the right but not the obligation to monitor and edit all Content provided by users to this Website.
In addition, Content found on or through this Website are and shall be deemed to be our property and the same are not to be used without our prior permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use the said Content, whether in whole or in part, for any commercial purposes or for personal gain, without the express advance written permission or consent from us.
- YOUR USE OF SITE CONTENT
Unless you have entered into a separate written agreement with us, you shall not copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Website or any of the Content. No copyright and/or other intellectual property notices or watermarks on any Content shall be deleted or modified.
No part of the Content in the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
- REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content. We reserve the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
You shall have the option to create an Account in our Website. By creating an Account on our Website, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email sent by us.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on our Website.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You consent and agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse any service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
- INTELLECTUAL PROPERTY
The Website and its original content (excluding Content provided by users), features and functionality are and will be and shall remain to be our exclusive property and its respective licensors. The Website is protected by copyright, trademark, and other applicable laws of India. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
Copyright Policy : We respect the intellectual property rights of others. It is our policy to respond to any claim with respect to any Content posted on the Website which infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected]emoviean.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Website on your copyright.
All content included on this site in or made available through any of our website Service, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is our property or its content suppliers and protected by copyright laws. The compilation of all content included in or made available through any of our Service is our exclusive property the copyright laws. All software used in any of our website Service is the property of Creoptimum or its software suppliers and protected by applicable copyright laws.
- YOUR ACCESS TO OUR SERVICES
While we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period.
Access to the Website may be suspended temporarily and with or without prior notice in the case of system failure, maintenance or repair or for reasons beyond our control.
- YOUR CONTENT AND CONFIDENTIALITY
(b) You are prohibited from posting or transmitting to or from the Website any material:
(i) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(ii) for which you have not obtained all necessary licences and/or approvals; or
(iii) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
(iv) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
(c) You shall not :
(i) misuse the Website (including, without limitation, by hacking);
(ii) resell or make commercial use of the Website or its Content;
(iii) frame or use any framing techniques to enclose the Website or any part of it;
(iv) take any action that in our sole discretion places an unreasonable or disproportionately large load on our servers or other infrastructure; or
(v) use the Website in any way which may cause, or be likely to cause, access to or use of the Website to be interrupted, damaged or impaired in any way.
(vi) use data mining, robots, screen scraping, or similar data gathering and extraction tools on this site, except with our express written consent.
(vii) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Creoptimum without express written consent.
(viii) use any meta tags or any other “hidden text” utilizing Creoptimum’s name or trademarks without the express written consent of Creoptimum. Any unauthorized use terminates the permission or license granted by Creoptimum.
- LINKS TO AND FROM OTHER WEBSITES
(a) Links on the Website to third party websites are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
(b) If you would like to link to the Website, you may do so only on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions :
(i) you do not remove, distort or otherwise alter the size or appearance of our logo;
(ii) you do not create a frame or any other browser or border environment around the Website;
(iii) you do not in any way imply that we are endorsing any products or services other than its own;
(iv) you do not misrepresent your relationship with us nor present any other false information about us;
(v) you do not otherwise use any of our trade marks displayed on the Website without express written permission from us;
(vi) you do not link from a website that is not owned by you; and
(vii) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
(c) We expressly reserve the right to revoke the right granted in clause (b) for breach of these terms and to take any action it deems appropriate.
(d) You shall fully indemnify us for any loss or damage suffered by us or any of its group companies for breach of clause (b).
(e) Our Website may contain links to third party websites or services that are not owned or controlled by us.
(f) We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
(g) You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Website.
All provisions of the Terms & Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold us harmless and our licensee and licensors, and our employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of, (a) your use and access of the Website, by you or any person using your account and password; (b) a breach of these Terms, or (c) Content posted on the Website.
- LIMITATION OF LIABILITY
In no event shall we, nor any of our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
(a) Your use of the Website is at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any conditions, warranties or other terms of any kind. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
(b) We or our subsidiaries, affiliates, and our licensors do not warrant that, (a) the Service will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service in the Website is free of viruses or other harmful components; or (d) the results of using the Services in the Website will meet your requirements.
(c) While we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update such material.
- AVAILABILITY, ERRORS AND INACCURACIES
We are constantly updating product and service offerings on the Website. We may experience delays in updating information on the Website and in our advertising on other web sites. The information found on the Services in the Website may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Services in the Website and we cannot guarantee the accuracy or completeness of any information found in the Website.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
We at our sole discretion, reserve the right, to modify or replace the Terms and conditions set out herein at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service in the Website after any revisions become effective, you agree to be bound by the revised terms without any demur. If you do not agree to the new terms, you are no longer authorized to use the Services in the Website.
- GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions.
Disputes : Any dispute or claim relating in any way to your use of our Website Services, or any services distributed by or through our Website will be resolved by binding arbitration, as per the provisions of the Arbitration and Conciliation Act, 1996 rather than in court, except that you may assert claims in small claims court if your claims qualify. The proceedings of such arbitration shall be in English language and be held at New Delhi alone.
Our failure to enforce any right or provision of these Terms & Conditions will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services in the Website, and supersede and replace any or all prior agreements we might have had between us regarding the Services in the Website.