TERMS AND CONDITIONS
Vidushi also reserves the right to introduce new services or modify the existing services provided on vidushihandicrafts Website.
User may use the Website only if User can form a binding contract with Vidushi, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. If the User is under 18, His/ her parent or guardian must enter into this Agreement on User’s behalf, and will be responsible for User’s use of and access to the Service; this includes financial responsibility for any items the User purchase’s through the Website. Any use or access to the Website by anyone under 14 years of age is strictly prohibited and in violation of this Agreement. If the User is under 14 years, such User is advised not attempt to register for the Service or send any User’s information to us, including his/ her name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 14 without verification of parental consent, we will delete that information as quickly as possible. If User believes that we might have any information from or about anyone under 14, please contact us at firstname.lastname@example.org . The Service is not available to any Users previously removed from the Service by Vidushi. Vidushi reserves all rights not expressly granted under this Agreement. Any attempt by User to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.
REGISTRATION IN VIDUSHI WEBSITE
User must create an account at Vidushi Website in order to gain access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. The User may never use another User’s account without permission. Users are solely responsible for the activity that occurs on their account, and the User must keep their account password secure. User must notify Vidushi immediately of any breach of security or unauthorized use of their account. Vidushi will not be liable for any losses caused by any unauthorized use of User’s account.
By registering on Vidushi Website, User agrees to allow us to contact him/ her through any mode of communication (Email/Chat/Telephone call) for any confirmation or service related information for the order placed by him/ her, on the contact details provided by him/ her. Any kind of legal implication raised, due to the incorrect nature of the details provided by the User, Vidushi will not be held responsible for the same.
The Service is available through Facebook’s “Facebook Connect” service. [User must have an active Facebook account in order to access the Service through Facebook Connect], and User hereby represents and warrants that User has read and agreed to be bound by all applicable Facebook policies and will act in accordance with those policies, in addition to your obligations under this Agreement. If User accesses the Website through Facebook Connect, Vidushi may require that User’s Vidushi user ID be the same as his/ her user name for Facebook. If User sign into Vidushi through Facebook Connect, he/ she will provide his/ her Facebook account credentials to Vidushi, and User is consenting to have the information in that account transmitted into his/ her Vidushi account, and User agrees that He/ she shall only use Facebook accounts owned by them, and not by any other person or entity.
The User understand and agree that Vidushi merely provide hosting services to its Users who access Vidushihandicrafts Website for purchase of products (that are permitted to be bought under applicable law). All items advertised and/or listed on Website and the contents therein are advertised and listed by Users and are third party purchasers as the case may be. User also gives permission to the Website and Vidushi to store details and records of their usage of Vidushi indefinitely. However, this does not constitute any obligation on the part of the Vidushi or the Website to do so.
User agrees not to engage in any of the following prohibited activities in connection with the Website: (i) copying, distributing, or disclosing any part of the Website in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Website in a manner that sends more request messages to the Vidushi servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that, subject to the privacy settings of our Users, Vidushi grants the operators of public search engines revocable permission to use spiders to copy materials from Vidushi for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Website; (vii) collecting or harvesting any personally identifiable information, including account names, from the Website; (viii) using the Website for any commercial purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Website; (xi) accessing any content on the Website through any technology or means other than those provided or authorized by the Website; (xii) bypassing the measures we may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein, or (xiii) decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Website.
Accessing the audio-visual content available on the Website for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a synchronous digital transmission of an audio-visual work through the Internet from the Vidushi Website to a User’s device in such a manner that the data is intended for real-time viewing only and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
We may, without prior notice, change the Website, stop providing the Service or features of the Website (to User or generally), or create usage limits for the Service. We may permanently or temporarily terminate or suspend User’s access to the Website without notice or liability to Vidushi, for any reason or for no reason, including if in our sole discretion User violates any provision of this Agreement. Upon termination of this Agreement or User access to the Website for any reason or no reason, User will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
User is solely responsible for His/ her interactions with other Vidushi Users. We reserve the right, but have no obligation, to monitor disputes between one User and other Users. Vidushi shall have no liability for User interactions with other Users, or for any User’s action or inaction.
Some areas of the Website allow Users to post content such as photos and profile information, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Website are referred to as “User Content”). User agrees not to post User Content that:
- belongs to another person and to which you do not have any right to
- may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any person, or to any animal;
- may create a risk of any other loss or damage to any person or property;
- seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- may constitute or contribute to a crime or tort;
- contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), threatening, profane, obscene, pornographic, or otherwise objectionable;
- contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
- contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
- contains any information or content that you know is not correct and current.
In case of any violation of the above provisions, Vidushi has the right to immediately terminate the access or usage rights of the user to Website without any notice and any such violating information that is displayed or submitted on Website can be removed immediately and completely.
The User agrees that any User Content that is posted does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that User Content contains music, the User hereby represent that User is the owner of or possess all rights to all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. Vidushi reserves the right, but is not obligated, to reject and/or remove any User Content that Vidushi believes, in its sole discretion, violates these provisions. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with User Content, the User confirms, represents and warrants the following:
- The User has the written consent of each and every identifiable person in the User Content to use such person’s name or likeness in the manner contemplated by the Website and this Agreement, and each such person has released the User from any liability that may arise in relation to such use.
- The User Content and Vidushi’s use thereof as contemplated by this Agreement and the Website will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
- Vidushi may exercise the rights to User Content that are granted to Vidushi under this Agreement, without payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
- All User Content and other information that the User provides to the Website is truthful and accurate.
Vidushi takes no responsibility and assumes no liability for any User Content that any User or third party posts or sends over the Website. The User shall be solely responsible for their User Content and the consequences of posting or publishing it, and the User agrees that Vidushi is only acting as a passive conduit for User’s online distribution and publication of User Content. The User understands and agrees that User may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to User’s purpose, and User agrees that vdushi shall not be liable for any damages the User incurs or alleges to incur as a result of User Content.
END USER LICENSE GRANT
Subject to the terms and conditions of this Agreement, the User is hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Website for User’s personal, non-commercial use, as permitted by the features of the Website. Vidushi reserves all rights not expressly granted herein in the Website and the Vidushi Content (as defined below). Vidushi may terminate this license at any time for any reason or no reason.
Except for User Content, the Website and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the “Vidushi Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Vidushi and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Website. Use of the Vidushi Content or materials or designs on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
The User may choose to or we may invite the User to submit comments or ideas about the Website, including without limitation about how to improve the Website or our products (“Ideas”). By submitting any Idea, the User agrees that User disclosure is gratuitous, unsolicited and without restriction and will not place Vidushi under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to User, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. The User further acknowledges that, by acceptance of User submission, Vidushi does not waive any rights to use similar or related ideas previously known to Vidushi, or developed by its employees, or obtained from sources other than you.
Certain features of the Website may be provided for a fee or other charge. If User elects to use paid features of the Website, User agrees to the pricing and payment terms for such paid features that we will provide to User and that we may update them from time to time. Vidushi may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to User. If User do not wish to pay the new or modified fees or charges, User sole remedy shall be to terminate the access to the applicable services.
If User purchases an item through the Website, User’s purchase will be processed in accordance with the “Orders” section of Website Help section, delivered to you according to our Shipping Policies, and, if applicable, returns will be handled in accordance with our Return Policy, all of which are incorporated herein by this reference.
The User may cancel his/ her Vidushi account at any time; however, there are no refunds for cancellation of the Website, if User has elected to use paid features of the Website. In the event that Vidushi suspends or terminates User’s account or this Agreement for User’s breach of this Agreement, User understands and agrees that User shall receive no refund or exchange for any Vidushi Property, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with User’s account, or for anything else.
Refunds for returned purchases will be handled in accordance with our Return Policy.
PAYMENT INFORMATION: TAXES
All information that User provides in connection with a purchase or transaction or other monetary transaction interaction with the Website must be accurate, complete, and current. The User agrees to pay all charges incurred by user’s credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Website at the prices in effect when such charges are incurred. The User will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Vidushi cares about the integrity and security of User’s personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. The User acknowledges that User provides User’s personal information at your own risk.
Since we respect artist and content owner rights, it is Vidushi’s policy to respond to alleged infringement notices that comply The Copyright Amendment Act 2012 (India) and/ or the Digital Millennium Copyright Act of 1998 (“DMCA”) of USA if it is applicable.
If User believes that their copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Website, User notifies Vidushi’s copyright agent. For User complaint to be valid, the User must provide the following information in writing to the Designated Agent:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that User’s claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Website;
- Information reasonably sufficient to permit Vidushi to contact User, such as User’s address, telephone number, and, e-mail address;
- A statement that User has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that the User is the copyright owner or are authorized to act on behalf of the owner.
Once proper, bona fide infringement notification is received by the Designated Agent, it is our policy:
- To remove or disable access to the infringing material;
- To notify the content provider, member or user that we have removed or disabled access to the material;
- That repeat offenders will have the infringing material removed from the system and that we will terminate such content providers’, member’s or user’s access to the Website.
If the content provider, member, or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent:
- A physical or electronic signature of the content provider, member or user;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared on the Website before such removal or disabling;
- A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
- Content providers’, member’s, or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the applicable Court for the judicial district in which the content providers’, member’s or user’s address is located, or, if the content providers’, member’s or user’s address is located outside India, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement
The above information must be submitted to the following: Email: email@example.com
UNDER THE APPLICABLE LAW, IF USER KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, USER MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Vidushi and its affiliates that User’s copyrighted material has been infringed. The preceding requirements are intended to comply with Vidushi’s rights and obligations under the Copyright Act, but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the Copyright Act and other applicable laws.
THIRD PARTY LINKS
The User agrees to defend, indemnify and hold harmless Vidushi and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their 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) arising from:
- User’s use of and access to the Website, including any data or content transmitted or received by the User;
- User violation of any term of this Agreement, including without limitation User’s breach of any of the representations and warranties User make in this Agreement;
- User violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
- User violation of any applicable law, rule or regulation;
- any claim or damages that arise as a result of any of User Content or any that is submitted via User’s account; or
- any other party’s access and use of the Service with User’s username, password or other appropriate security code.
THE SERVICE AND ANY PRODUCT OR SERVICE USER PURCHASES THROUGH THE WEBSITE (“PRODUCT”) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND THE PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, VIDUSHI, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE OR THE PRODUCTS WILL MEET USER REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT USER’S OWN RISK AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR USER’S USE OF THE WEBSITE.
VIDUSHI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE VIDUSHI WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND VIDUSHI WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN THE USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIDUSHI, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR ANY PRODUCT. UNDER NO CIRCUMSTANCES WILL VIDUSHI BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR USER’S ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIDUSHI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AVAILABLE ON OR THROUGH THE SERVICE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE OR ANY PRODUCT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF VIDUSHI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Website is controlled and operated from its facilities in INDIA. Vidushi makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Indian and local laws and regulations, including but not limited to export and import regulations. The User represent and warrant User is not located in a country embargoed by India or that has been designated by the Indian government as a “terrorist-supporting” country, and that User is not a foreign person or entity blocked or denied by the Indian government or otherwise listed on any Indian government list of prohibited or restricted parties. Unless otherwise explicitly stated, all materials found on the Website are solely directed to individuals, companies, or other entities located in India.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by the User, but may be assigned by Vidushi without restriction.
Any controversy, claim, or dispute arising out of or in relation to this Agreement will be settled by binding arbitration of a Sole Arbitrator if the parties mutually agree upon one failing which to a Board of Arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The Board of Arbitration will comprise of three Arbitrators as stated herein below. The venue of arbitration shall be Mumbai and judgement on the award may be entered into any court having jurisdiction thereof. The arbitration shall be conducted and award shall be rendered in English language.
Both the parties shall appoint an Arbitrator each and the Arbitrators so appointed shall further appoint a third Arbitrator. The award shall be made either in concurrence or as majority award in the proportion of 2:1 amongst the Arbitrators.
If before making the final award any arbitrator dies or ceases to act as the arbitrator the party who had appointed the deceased arbitrator shall immediately appoint a further arbitrator in the vacancy so created. If the deceased arbitrator is the third arbitrator who was appointed by the two arbitrators appointed by the parties, then the said two arbitrators shall make the appointment of the further arbitrator. No such further arbitrator shall be entitled to disregard any direction of the previous arbitrator or to vary or revise any award of the previous arbitrator except to the extent that the previous arbitrator had power to do so and/or with the agreement of both parties to this Agreement.
This Agreement shall continue to be enforced and shall continue to operate during the pendency of the arbitration proceedings.
ENTIRE AGREEMENT / SEVERIBILITY
This Agreement, together with any amendments and any additional agreements the User may enter into with Vidushi in connection with the Website, shall constitute the entire agreement between the User and Vidushi concerning the Website. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Vidushi’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
If the Users have any questions regarding this Agreement, they can contact at: firstname.lastname@example.org