1. Your use of www.colourpic.com and all the web-pages, hyper-links, tools and services provided there under (hereinafter referred to as "the Website" which expression shall include and successor or replacement website) is governed by the following terms and conditions as applicable to the Website ("User Agreement"). This User Agreement shall come into effect upon your each visit or usage of the Website or upon your registration or upon you providing any information on the Website. In this User Agreement, you are contracting with M/s Colourpic Photography Services LLP, a company incorporated under Companies Act, 1956 with registered office at #18-21-5/6, Krishna Nagar, Medical Association Street, Rajahmundry - 533101,Andhra Pradesh, India hereinafter referred to as "the Company" which expression unless the context otherwise require shall mean and include its successors, liquidators and assigns. 2. For the purpose of the User Agreement, Registered User / Visitor and wherever the context so require 'You' shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User using the computer systems of the Website or who has used the Website without becoming a Registered User, and, in both the cases, accepted this electronic version / electronic record of the User Agreement. A Registered User has allocated himself a unique identification user name ("User ID" and "Password") to become Registered User. The term and expression You shall unless the context otherwise require shall and include your legal heir, receivers, successors, liquidators and permitted assigns. 3. As a Registered User, this User Agreement shall be effective and binding upon your 'acceptance'. 'Acceptance' shall mean your affirmative action in clicking on 'check box' and /or on the 'continue button' and/or or any affirmative action as provided on the registration page or using or accessing the Website through logging in by Your third party website user ID and password including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, twitter or any other social media website as permitted on the Website or generally using the Website in any manner, with or without using Your User ID and Password. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement, please do not click on the "check box" and/or on the "continue" button or any other button and do not seek to obtain access to or otherwise use the Website.
The Company may amend this User Agreement at any time by posting a revised version on the Website. The revised version will be effective at the time Company posts it on the Website. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement.
a. Account holder is solely responsible for the content originating from your account and you acknowledge and agree that you are entirely responsible for all Content that you post, or otherwise submit to the Site. www.colourpic.com or "M/s Colourpic Photography Services LLP" does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. b. Account holder promises to use the Services in a lawful manner at all times. You agree to not to use the services as below by way of example, and not as a limitation: i. To post copyrighted Content which doesn't belong to you, with exception of Blogs, where you may post such Content with explicit mention of the author's name and a link to the source of the Content; ii. To post or transmit, or cause to be posted or transmitted, any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person; iii. For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services; iv. To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any "www.colourpic.com" user; v. To create or transmit unwanted 'spam' to any person or any URL vi. To abuse, harass, threaten, impersonate or intimidate any person; vii. With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (3) bypass any measures we may use to prevent or restrict access to the Site; viii. To artificially in?ate or alter vote counts, blog counts, comments, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for votes, or for participating in any other organized effort that in any way artificially alters the results of Services; ix. To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent; x. To promote or sell Content of another person. xi. To sell or otherwise transfer your profile.
a. When You use the Website or send emails or other data, information or communication to the Company, You agree and understand that You are communicating with the Website and Company and all other Registered Users and Visitors through electronic records which are legally identifiable and enforceable, and You consent to receive communications via electronic records from the Website, Company and all other Registered Users and Visitors and as and when posted, communicated or required. b. Service of Notice: The Registration Data and email ID or Your account details of the third party website through which You register with the Website will be construed as Your 'designated electronic address' and the Company, Website, other Registered Users, Visitors, third parties and law enforcement agencies will communicate with You on your designated electronic address which will be deemed adequate service of notice / electronic record. 8. By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by various policies of the Company as provided from time to time in various hyperlinks on the Website.
a. Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872 and any other applicable law for this purpose. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 and any other applicable law for this purpose including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website. Company reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to Company's notice or if it is discovered that you are under the age of 18 years or are otherwise "incompetent to contract". If you are registering as or on behalf of a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
a. If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by Website registration form or provided by You as a Visitor or user of a third party site through which You access the Website. If you provide any information that is untrue, inaccurate, not current or incomplete or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Company has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website. b. Company may terminate or suspend any and all Services and/or your website account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your website account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. c. It is your responsibility to remove all Content from your account prior to termination. Upon termination of your account, company will automatically remove all Content posted to your account. 11. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in Your information, in any media or medium now known or developed, produced, invented or used in future, with respect to Your information.
a. You understand and agree that Company and the Website merely provide services to its Registered Users and persons browsing / visiting the Website. The Website may also contain various third party user generated content and material. The Company neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. b. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there-under as applicable and as amended from time to time and also all applicable laws, rules and regulations and International laws (including without limitation all direct and indirect tax laws and all local, entry or usage related tax laws) regarding your use of our service. c. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. d. All content posted on the Service is must comply with "Indian" copyright law.
a. Company and its suppliers, affiliates and service providers provide the Website and services on "as is" basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk. b. Company, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted.
a. You hereby expressly and irrevocably release and forever discharge "Colourpic Photography Services LLP", its affiliated and associated companies, and their respective partners, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services. b. You hereby agree to indemnify and hold harmless "Colourpic Photography Services LLP", its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable lawyers' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or "Colourpic Photography Services LLP" Username and password, (iv) any violation of any rights of a third party.
a. In no event shall "Colourpic Photography Services LLP" be liable under contract, strict liability, negligence or other Legal theory with respect to the site, the service or any content (i) for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.
a. None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between You and Company and You shall have no authority to bind Company in any manner whatsoever nor shall Company have any authority to bind you in any manner whatsoever. All the services provided by the Company shall be as independent contractor and on principal to principal basis. a. If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement. b. This Agreement sets forth the entire understanding and agreement between You and the Company with respect to the subject matter hereof. c. In Company's sole discretion, Company may transfer its rights and obligations under this Agreement, assign this Agreement or novate this Agreement without your prior express consent. However, Company on reasonable efforts basis and if practicable may provide You with an advance intimation of any such acts.
a. This User Agreement and all the rules and policies contained herein and any of Your usage of Website and Your dealings with Company shall be governed and construed in accordance with the laws of India as applicable.
a. If any dispute arises between You and Company during Your use of the Website or Your dealing with the Company in relation to any activity on the Website, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and all the rules and policies contained herein, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Company. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The place of arbitration shall be Rajahmundry, East Godavari, India. Your obligations to pay the Payment Fees shall not be suspended during the arbitration proceedings.