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Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

Revised: 19 March 2013

 

1. OVERVIEW

The website www.faithandyou.com (“Site”) is published and maintained by Ecannus Design Pvt. Ltd. (“Company”), a company incorporated under the Companies Act 1956, India. When you access, browse or use this Site, you accept, without limitation or qualification, the terms and conditions set forth herein.Your access to, and use of, this Site and the products and services (collectively, the “Services”) found at this Site is subject to the following terms and conditions (“Terms of Use”).Whether you are simply browsing this Site or a user of the Services found at this Site (collectively, “User”), your use of this Site signifies that you have read, understand, acknowledge and agree to be bound by these Terms of Use.The terms “we”, “us” or “our” shall refer to the Company. The terms “you”, “your” or “User” shall refer to any individual or entity who accepts these Terms of Use by using this Site or the Services found at this Site. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.The Company may, in its sole and absolute discretion, change or modify these Terms of Use, and the corporate policies which are incorporated herein, at any time and such changes or modifications shall be effective immediately upon the earlier of (i) our email notification to you advising you of such changes or modifications or (ii) your use of this Site after such changes or modifications have been posted to this Site as indicated by the “Last Revised” date at the top of this page. Your use of this Site after such revision date constitutes your acceptance of these Terms of Use. If you do not agree to be bound by these Terms of Use, do not use or access (or continue to use or access) this Site.

2. ELIGIBILITY; AUTHORITY

This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.

If you are agreeing to these Terms of Use on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to these Terms of Use, in which case the terms “you”, “your” or “User” shall refer to such corporate entity. If, after your agreement to these Terms of Use, the Company finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these Terms of Use. The Company shall not be liable for any loss or damage resulting from the Company’s reliance on any instruction, notice, document or communication reasonably believed by the Company to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, the Company reserves the right (but undertakes no duty) to require additional authentication from you.

3. ACCOUNTS; TRANSFER OF DATA ABROAD

Accounts. In order to access some of the features of this Site or use some of the Services found at this Site, you will have to create an account (an “Account”). You represent and warrant to the Company that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If the Company has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, the Company reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, payment method(s). For security purposes, the Company recommends that you change your password at least once every six (6) months for each Account you have on the Site. You must notify the Company immediately of any breach of security or unauthorized use of your Account. The Company will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss the Company or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.

4. GENERAL RULES OF CONDUCT

You acknowledge and agree that:

  1. Your use of this Site and the Services found at this Site, including any content you submit, will comply with these Terms of Use and all applicable local, state, national and international laws, rules and regulations.
  2. You will not impersonate another User or any other person or entity, or submit content on behalf of another User or any other person or entity, without their express prior written consent.
  3. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
  4. You will not use this Site or the Services found at this Site in a manner (as determined by the Company in its sole and absolute discretion) that:
    • Is illegal, or promotes or encourages illegal activity;
    • Promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior;
    • Promotes, encourages or engages in child pornography or the exploitation of children;
    • Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;
    • Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
    • Promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
    • Infringes on the intellectual property rights of another User or any other person or entity;
    • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
    • Interferes with the operation of this Site or the Services found at this Site;
    • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
    • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding the Company or the Company’s Services.
  5. You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by the Company.
  6. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
  7. You will not access the Company Content (as defined below) or User Content through any technology or means other than through this Site itself, or as the Company may designate.
  8. You agree to back-up all of your User Content so that you can access and use it when needed. The Company does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
  9. You will not use this Site or the Services found at this Site, including any of the Company’s related technologies, for any commercial use without the Company’s express prior written consent.

The Company reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices and fees for the same, at any time.

5. YOUR USE OF COMPANY CONTENT AND USER CONTENT

In addition to the general rules above, the provisions in this Section 5 apply specifically to your use of Company Content and User Content posted to the Site.

Company Content. Except for User Content, the content on this Site and the Services found at this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Company Content”), are owned by or licensed to the Company in perpetuity, and are subject to copyright, trademark, and/or patent protection in India and foreign countries, and other intellectual property rights under India and foreign laws. The Company Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of the Company. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by these Terms of Use. The Company reserves all rights not expressly granted in and to the Company Content, this Site and the Services found at this Site, and these Terms of Use do not transfer ownership of any of these rights.

User Content. Some of the features of this Site or the Services found at this Site allow Users to view, post, publish, share, store, or manage ideas, content, information on services and products, including but not limited to photos, text and videos (“User Content”). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to the Company that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) you do not violate the rights of any third party.

Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any the Company Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Company Content or the User Content therein.

6. THE COMPANY’S USE OF USER CONTENT

The provisions in this Section 6 apply specifically to the Company’s use of User Content posted to the Site.

Generally. You shall be solely responsible for any and all of your User Content or User Content that is submitted (“User Submissions”) through your Account, and the consequences of, and requirements for, distributing it.

With Respect to User Submissions. You acknowledge and agree that:

  1. Your User Submissions are entirely voluntary.
  2. Your User Submissions do not establish a confidential relationship or obligate the Company to treat your User Submissions as confidential or secret.
  3. The Company has no obligation, either express or implied, not to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
  4. The Company may be working on the same or similar content, it may already know of such content from other sources, or it may simply wish to develop this (or similar) content on its own.

The Company shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to any User or to anyone else.

With Respect to User Content (Other Than User Submissions). If you post or publish your User Content to this Site, you authorize the Company to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and these Terms of Use. Accordingly, you hereby grant the Company a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site and the Company’s (and the Company’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under these Terms of Use. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that the Company may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, the Company shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or the Company’s (or the Company’s affiliates’) business(es).

7. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY

The Company generally does not pre-screen User Content (whether posted to a website hosted by the Company or posted to this Site). However, the Company reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with these Terms of Use. The Company may remove any item of User Content (whether posted to a website hosted by the Company or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of these Terms of Use, or for otherwise violating these Terms of Use (as determined by the Company in its sole and absolute discretion), at any time and without prior notice. The Company may also terminate a User’s access to this Site or the Services found at this Site if the Company has reason to believe the User is a repeat offender. If the Company terminates your access to this Site or the Services found at this Site, the Company may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

8. ADDITIONAL RESERVATION OF RIGHTS

The Company expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services that it deems necessary, in its sole and absolute discretion, (i) to correct mistakes made by the Company in offering or delivering any Services (ii) to comply with applicable local, state, national and international laws, rules and regulations, (iii) to comply with requests of law enforcement, including subpoena requests, (iv) to comply with any dispute resolution process, (v) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (vi) to avoid any civil or criminal liability on the part of the Company, its officers, directors, employees and agents, as well as the Company’s affiliates.

9. LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by the Company. The Company assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, the Company does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release the Company from any and all liability arising from your use of any third-party website. Accordingly, the Company encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

10. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

You specifically acknowledge and agree that your use of this Site and the Services found at this Site shall be at your own risk and that this Site and the Services found at this site are provided “as is”, “as available” and “with all faults”. The Company, its officers, directors, employees, and agents disclaim all warranties, statutory, express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. The Company, its officers, directors, employees, and agents make no representations or warranties about (i) the accuracy, completeness, Company Content or User Content found at this Site, (ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this Site, and/or (iii) the Services found at this Site or any sites linked (through hyperlinks, banner advertising or otherwise) to this Site, and company assumes no liability or responsibility for the same.

In addition, you specifically acknowledge and agree that no oral or written information or advice provided by the Company, its officers, directors, employees, or agents (including without limitation its call center or customer service representatives) will (i) constitute legal or financial advice or (ii) create a warranty of any kind with respect to this Site or the Services found at this Site, and Users should not rely on any such information or advice.

The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms of Use or your use of this Site or the services found at this Site.

11. LIMITATION OF LIABILITY

In no event shall the Company, its officers, directors, employees, or agents be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from (i) the accuracy, completeness, Company Content or User Content found at this Site, (ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, advertising or otherwise) to this Site, (iii) the Services found at this Site or any sites linked (through hyperlinks, advertising or otherwise) to this Site, (iv) personal injury or property damage of any nature whatsoever, (v) third-party conduct of any nature whatsoever, (vi) any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored therein, (vii) any interruption or cessation of Services to or from this Site or any sites linked (through hyperlinks, banner advertising or otherwise) to this Site, (viii) any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this Site or any sites linked (through hyperlinks, banner advertising or otherwise) to this Site, (ix) any User Content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable, and/or (x) any loss or damage of any kind incurred as a result of your use of this Site or the Services found at this Site, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not Company is advised of the possibility of such damages.

In addition, you specifically acknowledge and agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

In addition, you specifically acknowledge and agree that in no event shall the Company’s total aggregate liability exceed the total amount paid by you for the particular services that are the subject of the cause of action.

The foregoing limitation of liability shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of these terms of use or your use of this site or the services found at this site.

12. INDEMNITY

You agree to protect, defend, indemnify and hold harmless the Company and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by the Company directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of these Terms of Use or the corporate policies which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of these Terms of Use or your use of this Site or the Services found at this Site.

13. SUCCESSORS AND ASSIGNS

These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

14. NO THIRD-PARTY BENEFICIARIES

Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

15. INDIAN LAWS

This Site and the Services found at this Site are subject to the laws, restrictions, regulations and administrative acts of India, State Department, and other Indian authorities (collectively, “Indian Laws”). None of the Services found at this Site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which India has embargoed goods; or any other denied parties lists under Indian Laws. By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all Indian Laws. If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with Indian Laws. If such laws conflict with Indian Laws, you shall not access this Site or the Services found at this Site. The obligations under this section shall survive any termination or expiration of these Terms of Use or your use of this Site or the Services found at this Site.

16. COMPLIANCE WITH LOCAL LAWS

The Company makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.

17. GOVERNING LAW; JURISDICTION

These Terms of Use shall be governed by and construed in accordance with Indian Laws. You agree that any action relating to or arising out of these Terms of Use shall be brought in the state courts of Delhi, India, and you hereby consent to jurisdiction and venue in the state courts of Delhi.

18. CONTACT INFORMATION

If you have any questions about these Terms of Use, please contact us by email or regular mail at the following address:

Ecannus Design Private Limited
F-4/26, DLF City, Phase 1,
Gurgaon-122002,
Haryana, India
support@faithandyou.com

Revised: 19 March 2013
Copyright © 2013 Ecannus Design Private Limited. All Rights Reserved.

 

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