The Terms govern the
manner in which the Customer may use and access the Platform. The Customer's
use of the Platform signifies the Customer's understanding and agreement to be
bound to these Terms and to comply with the applicable law, rules and regulations.
If Customer does not agree to these Terms, Customer may not register or use the
Platform.
1. The
Platform
1. Subscription to the
Platform. Wedding Kard.com offers its users (i) design tools for the
customization of invitations, greeting cards and ecards,
which allow downloading and sharing of such greeting cards and ecards, and .
The Company shall make the Platform available to Customer during the
Subscription Term subject to the terms hereof.
2. Permitted Use.
Without derogating from Section 4.2 below, Customer may only use the Platform for the
Customer's personal non-profit use, as permitted by and subject to these Terms
(the “Purpose”).
3. Subscription
Limitations. The right to install, use and access the Platform as set forth in
Section 1.1 above, is granted
solely to the Customer and is limited, non-transferable, non-exclusive,
non-assignable and non-sub-licensable. The Platform may only be used by
individuals who: (i) can form legally binding contracts under applicable law,
(ii) are of the age of eighteen (18) and above, and (iii) are not prohibited by
law to subscribe to and use the Platform.
4. Modification or
Discontinuation of the Platform. The Company may change or update the Platform
at any time, including the availability of any feature, content or database,
and the Company may impose limitations or restrictions on certain features and services
or on the access to the Platform (or any part thereof), without notice or
liability. Furthermore, the Company may offer alternative or additional
features to certain Customers, that may not be offered to others.
2.
Registration to the Platform
1. Account Registration.
In order to use the Platform, the Customer shall register and create an account
(the “Account”). The Company reserves the right to refuse a customer’s
registration or to block Customer’s access to the Platform, at the Company's
discretion.
2. Account Information.
As part of the registration process, the Customer may be required to provide
the Company with certain personal information (including, name, phone number,
e-mail address, etc.). The Customer: (i) agrees to provide the Company with
accurate, complete, and updated registration information; (ii) acknowledges
that he/she is solely responsible for the activity that occurs on his/her
Account; (iii) agrees to keep his/her Account credentials secured; and (iv)
undertakes to notify the Company immediately of any breach of security or
unauthorized use of his/her Account. The Customer will be solely responsible
for any losses incurred by the Company or a third party, due to any
unauthorized usage of the Account by the Customer or any other third party on
his/her behalf.
3.
Customer Content
1. General. While using
the Platform, certain data may be uploaded or transferred by the Customer to
the Platform to be processed by the Platform on the Customer's behalf (the
"Customer Content"). Customer Content may include data, information,
files, documents, texts, designs, graphics, audio files or other sounds,
photographs, images, videos, illustrations and other content, uploaded,
transferred, posted or otherwise made available by the Customer to or by the
use of the Platform. As between the Customer and the Company, all rights in the
Customer Content shall remain with Customer.
2. Customer Content.
Customer hereby grants the Company and its Sub-processors an irrevocable,
perpetual, non-exclusive, worldwide, royalty-free, fully paid, sub-licensable
right and license to access, use, process, copy, download, store, distribute
and display the Customer Content, solely for the purpose of maintaining and
providing the Platform and as required to resolve technical and security
problems or otherwise as permitted by these Terms or in writing by Customer.
Customer represents and warrants that (i) Customer owns or has all the
necessary licenses, rights, consents, approvals and permissions to grant the
Company the aforementioned right and license and to authorize the Company and
its Sub-processors to access, use, process, copy, download, store, distribute
and display the Customer Content, without infringing or violating any
copyrights, privacy rights, publicity rights, trademarks or any other
contractual, intellectual property or proprietary of any third party; (ii) any
Customer Content and any use thereof do not and shall not violate any
applicable laws, including those related to data privacy or data transfer and
export or any policies and terms governing such Customer Content; and (iii)
Customer Content shall not include sensitive data that is protected under a
special legislation and requires unique treatment (such as protected health
information or credit, debit or other payment card data).
3. Restrictions.
Customer may not, and may not permit or aid others to upload, transfer,
display, post, send, incorporate, contribute or otherwise make available to the
Platform any Customer Content that: (i) infringes, violates, misuses or
otherwise interferes with any copyright, patent, trademark, trade secret or
other right of any third party; (ii) is defamatory, abusive, harassing,
threatening, racist, or constitutes an invasion of a right of privacy of
another person, or is otherwise offensive, violent, vulgar, obscene,
pornographic, contains nudity, or otherwise harms or can reasonably be expected
to harm any person or entity; (iii) is illegal or encourages or advocates
illegal activity; (iv) posts or transmits any communication or solicitation
designed or intended to obtain password, account, or private information from
any third party; (v) contains viruses, trojan horses, worms, or any other
computer programs designed to interrupt, destroy, or limit the functionality of
the Platform or any system, computer software, hardware or telecommunications
equipment; (vi) creates a false identity or impersonates another person; (vii)
“stalks” or otherwise harasses another or is antisocial, disruptive, or
destructive, including “flaming”, “spamming”, “flooding” and “trolling” as such
terms are commonly understood and used on the internet; (viii) violates any
applicable local, state, national or international law or regulation; or (ix)
includes any personal information of others, including, without limitation, their
names, addresses, email addresses or telephone numbers, unless Customer has
permission from such persons to do so. Customer is solely responsible for any
violation of the aforementioned and for any damage or loss to the Company or
any other third party resulting therefrom. The Comp any shall not be obligated
to maintain or backup any Customer Content, and it may remove any Customer
Content from the Platform at any time, at its sole discretion.
4.
Intellectual Property and Right to Use
1. Company Intellectual
Property. All right, title and interest in the Platform, including without
limitation, any content, materials, software, know-how, data files,
documentation, code, SDK, API, designs (including the “look and feel” of the
Platform), graphics, text, media , music, designs, audio files or other sounds,
photographs, images, videos, illustrations, interactive features,
methodologies, artwork, names, logos, trademarks and services marks (excluding
Customer Content), any and all related or underlying technology and any
updates, new versions, modifications, improvements, developments or derivatives
thereof, including any product of the Platform or any content created through
the Platform, is the property of the Company and its licensors and these Terms
do not convey to the Customer any interest in or to the Platform, except for a
limited right of use as set forth herein, terminable in accordan ce with these
Terms.
2. Prohibited Use.
Customer may not, and may not permit or aid others to: (i) use the Platform for
any purpose other than the Purpose; (ii) copy, modify, alter, translate,
emulate, create derivative works based on, or reproduce the Platform or any
content created through the Platform; (iii) give, publish, sell, resell,
distribute, assign, pledge or transfer (by any means), display, sublicense,
rent, lease or otherwise share the rights granted under these Terms to any
third party, or use the Platform in any service bureau arrangement; (iv)
publish, sell, resell, assign, pledge or transfer (by any means), sublicense,
rent, lease or otherwise grant any right in any work or content created through
the Platform; (v) reverse engineer, de-compile, decrypt, revise or disassemble
the Platform or any part thereof, or extract source code from the object code
of the Platform, or access or use the Platform in order to build a competing
product or service; (vi) bypass any measures the Company may use to prevent or
restrict access to the Platform, and/or take any action intended to circumvent
or disable the operation of any security feature or measure of the Platform;
(vii) access the Platform or Company’s systems via any means other than through
the interface provided by the Company, or via automated means, including by
crawling, scraping, caching or otherwise; (viii) use the Platform in any manner
that is illegal or not authorized by these Terms; (ix) take any action that
imposes or may impose (as determined by the Company in its sole discretion) an unreasonable
or disproportionately large load on Company’s (or Company’s service providers')
infrastructure; (x) interfere or attempt to interfere with the integrity or
proper working of the Platform; (xi) remove, deface, obscure, or alter
Company's or any third party's identification, attribution or copyright
notices, trademarks, or other proprietary rights affixed to or provided as part
of the Platform; or (xii) provide any third party access to the Platform
through Customer’s Account.
3. Feedback. Customer
may notify the Company of any design or functional errors, anomalies, and
problems associated with the Platform discovered by it and provide the Company
suggestions, comments, ideas, or any other feedback regarding the Platform (the
“Feedback”). Any such Feedback shall become the Company’s sole property without
any restrictions. The Company may use any Feedback at its sole discretion, free
from any right of the Customer or any third party and without any obligation
towards Customer. Customer hereby assigns to Company all right, title, and
interest worldwide in the Feedback and any intellectual property rights related
thereto, and explicitly and irrevocably waives any and all claims associated
therewith. Customers shall not provide the Company with Feedback which
infringes any third party right.
4. Intellectual Property
Infringements. The Company does not permit copyright infringing activities and
infringement of intellectual property rights via the Platform. To file a
copyright infringement notification, please send a written communication to Wedding
Kard.tech@gmail.com and the Company will follow with additional instructions.
In the event that the Company believes that the Platform, or any part thereof,
may infringe intellectual property rights of third parties, then the Company
may, in its sole discretion: (i) obtain (at no additional cost to Customer) the
right to continue to use the Platform or the allegedly infringing part thereof;
(ii) replace or modify the allegedly infringing part of the Platform so that it
becomes non-infringing while giving substantially equivalent performance; or
(iii) if the Company determines that the foregoing remedies are not reasonably
available, then the Company may require that use of the allegedly infringing
Platform or part thereof shall cease, and in such an event Customer shall
receive a prorated refund of any Fees paid for the unused portion of the
Subscription Term.
5.
Privacy; Data Protection; Anonymous Information
1. Privacy Policy.
Customer acknowledges and agrees that the use of the Platform by the Customer
is governed by the Company's Privacy Policy available at: https://www.Wedding
Kard.in/privacy (“Privacy Policy”). The Privacy Policy shall constitute and
integral part of these Terms.
2. Anonymous
Information. The Company may collect, monitor and use Anonymous Information (as
defined below), inter alia to provide, develop, maintain, improve, demonstrate
and market the Platform. “Anonymous Information” means information about use of
the Platform which does not enable identification of an individual, such as
aggregated data, metadata and analytic information.
6.
Third Party Software and Services
1. Sub-processors.
Customer acknowledges that the Platform is hosted and made available by certain
sub-processors of the Company (the “Sub-processors”). The Company may remove,
add or replace its Sub-processors from time to time, at its sole discretion.
2. Other Products and
Services. The Platform may contain links to other third-party services or may
enable Customer to access, engage and procure certain services and products
provided by third parties (the “Third Party Services”). Customer acknowledges and
agrees that regardless of the manner in which such Third Party Services may be
presented or offered to Customer, Company does not endorse any such Third Party
Services or shall be in any way responsible or liable with respect to any such
Third Party Services. By accessing and/or using the third party services,
customer acknowledges that its access and use of the third party services are
at its sole discretion and risk, and customer is solely responsible for
ensuring such third party service are in compliance with customer's
requirements and any applicable law or regulation.
7.
Warranty and Disclaimer
1. Customer expressly
acknowledges and agrees that access to and use of the platform, as well as any
related services provided by the company, are at customer’s sole risk and that
the entire risk as to satisfactory quality, performance, accuracy and results
is solely with customer.
2. Except as explicitly
set forth herein, the platform is supplied on an “as is” and “as available”
basis and without warranties, guarantees or representations of any kind,
whether express or implied, statutory, common law or otherwise. company does
not warrant that the use of the platform will be uninterrupted, error-free or
will meet customer’s specific requirements or expectations, or that any
information or advice obtained by customer as a result of customer use of the
platform will be accurate or reliable. no advice or information obtained by
customer through or from the platform shall create any warranty or impose any
liability not expressly stated in these terms.
3. Company makes no
warranty or representation, either express or implied, regarding the platform
and customer’s use thereof, including, but not limited to, any implied
warranties of merchantability or fitness for a particular purpose, accuracy,
availability, security, compatibility, non-infringement or completeness of
responses, results and lack of negligence.
8.
Limitation of Liability
NOTWITHSTANDING ANYTHING
IN THESE TERMS OR ELSEWHERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW:
1. In no event shall
company, its shareholders, directors, officers, affiliates, agents, members or
employees be liable under any contract, negligence, strict liability, or other
legal or equitable theory, for any: (i) special, incidental, punitive, consequential
or indirect damages; (ii) loss of or damage to customer’s systems, devices,
data, information, goodwill, profits, savings, or pure economic loss; (iii) the
failure of industry standard security measures and protections; and/or (iv) the
cost of procuring any substitute goods or services; regardless of (a) whether
company, its affiliates or third-party providers, have been advised of the
possibility of such damages or such damages were reasonably foreseeable; or (b)
the theory or basis of liability (such as, but not limited to, breach of
contract or tort).
2. Customer specifically
agrees that company is not responsible or liable for any unlawful, explicit or
otherwise objectionable conduct of any other party on or through the platform,
or for any infringement or violation of customer’s rights by any other party,
including, without limitation, privacy rights.
3. To the extent
permitted by law, company’s aggregate and total liability for all direct
claims, damages and losses (whether in contract, tort or otherwise), is limited
to the fees paid to the company for use of the platform in the six months
preceding the cause of the claim, provided, however, that in the event of
services provided by the company for no consideration, the company’s aggregate
and total liability shall be zero.
9.
Indemnification
1. Indemnification by
Company. Company shall indemnify, defend and hold harmless Customer from and
against any claim, suit or proceeding brought against the Customer and shall
pay any reasonable costs, damages, liabilities and expenses incurred by the Customer,
to the extent such claim, suit, or proceeding is based on an allegation that
the Platform or the use thereof infringes any third party intellectual property
right. Customer shall give Company prompt written notice of any such claim made
against it and shall grant Company sole control of the defense of any such
claim, suit or proceeding, including appeals, negotiations and any settlement
or compromise thereof, except that Company shall not enter into any settlement
that affects Customer’s rights or interest without Customer’s prior written
approval, which may not be unreasonably withheld or delayed. Customer shall, at
Company’s request and expense, provide such information and assistance in the
defense of such claims as reasonably requested by Company. The foregoing
indemnification shall not apply in the event of (i) access to or use of the
Platform that is not permitted by these Terms or otherwise outside the scope of
the Purpose; (ii) breach of these Terms by the Customer; or (iii) violation of
any applicable law by the Customer.
2. Indemnification by
Customer. Customer shall defend, indemnify, and hold harmless the Company and
its affiliates, officers, directors, employees and agents from and against any
and all claims, damages, obligations, liabilities, loss, reasonable expense or
costs (collectively, “Losses”) incurred as a result of any third party claim
(i) related to any Customer Content, including infringement or violation of a
third party’s right (including without limitation, intellectual property or
privacy rights); or (ii) resulting from Customer’s breach of these Terms.
10.
Miscellaneous
1. Compliance. While
using the Platform, the Customer will comply with applicable laws.
2. Amendments. The
Company reserves the right to change these Terms at any time by posting a new
version at: https://www.Wedding Kard.in/terms fuse. In the event of a material
change, the Company shall notify the Customer by posting a notice in the
Platform or in the Company's website, or by sending the Customer an email. Any
such modifications shall become effective immediately upon posting.
3. Export Control. The
Platform may be subject to India, U.S. or foreign export controls, Laws and
regulations (the “Export Controls”), and Customer agrees and confirms that: (i)
Customer is not located or uses, exports, re-exports or imports the Platform
(or any portion thereof) in or to, any person, entity, organization,
jurisdiction or otherwise, in violation of the Export Controls; (ii) Customer
is solely responsible for complying with applicable Export Controls which may
impose additional restrictions, prohibitions or requirements on the use of the
Platform.
4. Customer’s Reference.
Customer acknowledges and accepts that Company has the right to use Customer’s
name and logo to identify Customer as a customer of Company or user of the
Platform, on Company's website, marketing materials or otherwise by public announcements.
Customer may revoke such right, at any time, by contacting the Company at Wedding
Kard.tech@gmail.com
5. Force Majeure.
Neither Company nor Customer will be liable by reason of any failure or delay
in the performance of its obligations on account of events beyond the
reasonable control of a party, which may include denial-of-service attacks,
interruption or failure of the Internet or any utility service, failures in
third-party hosting services, strikes, shortages, riots, fires, pandemic
diseases, acts of God, war, terrorism, and governmental action.
6. Governing Law;
Jurisdiction. These Terms and its performance shall be governed by the laws of
the India, without regard to conflict of laws’ provisions that would result in
the application of the laws of any other jurisdiction. All disputes are subject
to Surat, Gujarat jurisdiction
7. Class Action Waiver.
WHERE PERMITTED UNDER APPLICABLE LAWS, CUSTOMER AND COMPANY AGREE THAT EACH
PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN ITS INDIVIDUAL CAPACITY
AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
ACTION. Unless both Customer and the Company agree, no arbitrator or judge may
consolidate more than one person’s claims or otherwise preside over any form of
a representative or class proceeding.
8. Entire Agreement.
These Terms (and the other terms, agreements and policies referenced herein)
constitute the entire agreement between Customer and the Company with respect
to Customer’s use of the Platform, and supersede all prior or contemporaneous understandings
regarding such subject matter.
9. Assignment. Company
may assign at any time any of its rights and/or obligations hereunder to any
third party without Customer’s consent. Customer may not assign any of its
rights or delegate any obligations hereunder, in whole or in part without the prior
written consent of Company, and any attempt by a Customer to do so shall be
deemed null and void.
10. Relationship of the
Parties; No Third Party Beneficiaries. The parties are independent contractors.
These Terms do not create a partnership, franchise, joint venture, agency,
fiduciary or employment relationship between the parties. There are no third
party beneficiaries to these Terms.
11. Severability. In the
event that a court of competent jurisdiction finds any provision of these Terms
to be illegal, invalid or unenforceable, the remaining provisions will remain
in full force and effect, and such provision shall be reformed only to the
extent necessary to make it valid, enforceable and legal.
12. No Waiver. The
failure of the Company to enforce any right or provision in these Terms will
not constitute a waiver of such right or provision unless acknowledged and
agreed by Company in writing.
For any questions or
queries about these Terms or the Platform in general, please do not hesitate to
contact us at the following e-mail address: info@weddingkard.com