1.1 STATEMENT OF INTENT
1.2 GENERAL RULES
“URU art harbour” or “URU” or “we” or “our” or “us” refers to the parent company, URU ART HARBOUR LLP
“Terms of Service” refers to this document in its entirety which might be amended periodically
“Terms and Conditions” refers collectively to all the terms and conditions set forth in the Terms of Service.
“you” and “your” refers to each client, customer and/or user
“Service” or “Services” refers collectively to all URU provided Services including, but not limited to our Web Applications, Web Services, Graphic Design Services, Applications and/or Consulting Services and also includes the products developed by URU
“Site” refers to the entire URU Website located at www.uruartharbour.com including, but not limited to, the graphics, text, animation, forms, design, layout and ideas, expressed or implied, found on the site.
“Customer” refers to anyone who has purchased or has subscribed to our Site and/or Service
“user” refers to anyone, any person or any entity who is using the Site and/or Services which may also include our Customers, visitors etc.
“Derivative Work” refers to any work that is based upon, copied from and/or inspired from one or more pre-existing versions of a work provided to you, by URU, such as an enhancement of modification, revision, compilation or any other form in which such pre-existing works maybe recast, transformed or adapted
“Trademarks” refers collectively to the trademarks, logos, service marks and trade names found on our Site and/or Services
“Submitted Materials” refers to any material that you might submit through the Site and/or Service along with the entire section 12.1 Submitted Materials mentioned herein and the use thereof
“User-Generated Content” refers collectively to any information, content or materials including, without limitation, data, text, messages, files, images, photographs, videos, audiovisual works, musical compositions (including lyrics), sound recordings, postings, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and any other materials, as well as links to data, text, files, images, photographs, videos, audiovisual works, musical compositions (including lyrics), sound recordings, postings, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and other biographical information or material, web pages and any other materials
“Submission” refers to the event when an user clicks on “Submit” or any such button that incites the processing of the entered data
“Representatives” refers collectively to our affiliates, our respective licensors, licensees, distributors, vendors, partners, agents, representatives and other authorised users
2.2 BINDING AGREEMENT
2.3 VARIOUS SERVICES
Sections, inclusive of sub-sections, 1 through 15 apply to any and all of URU Services that you may utilise, purchase, or otherwise use. The Terms and Conditions set forth in this Terms of Service apply only to Customers, unless otherwise referred or mentioned, who have used URU's Services. In the event of any inconsistency in the Terms and Conditions stated in this Terms of Service, we shall control with regard to the applicable URU Service. You agree and acknowledge that some or all of the Services you purchase or receive from us may be provided by third parties (like Paypal/Wordpress).
3. Fees and Payment
3.1 FEES AND PAYMENT
As consideration for the Services you have purchased, you agree to pay URU art harbour the applicable Service fees set forth on our Site at the time of your selection or as agreed upon by you and URU or, if applicable, upon receipt of your invoice from URU art harbour. All fees are due immediately and are non-refundable, except as otherwise expressly stated in this Terms of Service or with consent from URU art harbour. Unless otherwise specified herein, or on our Site, each URU Service is for a one-year initial term and renewable thereafter as set forth during the renewal process. Any renewal of your Service with us is subject to our then current Terms of Service, including but not limited to, successful completion of any applicable authentic procedure, and payment of all applicable Service fees at the time of renewal. Except for the Service to which you have subscribed on a monthly basis, we will endeavour to provide you notice prior to renewal of your services at least fifteen (15) days in advance of the renewal date. Additional payment terms may apply to the URU Service you purchase, as set forth in the applicable sections of this Terms of Service. We may also provide you with an opportunity to “opt-in” to our automatic renewal process in accordance with the instructions and subject to your irrevocable agreement to the terms and conditions pertaining to that process on our Site. You agree and acknowledge that the renewal price may be higher or lower than the price you paid for the Service previously and/or initially when you bought it, and that you are authorised to charge your credit card on file, or as applicable, for the renewal of the Services. Furthermore, you are solely responsible for the credit card information you provide to URU and must inform URU of any changes thereto, like change of expiration date or the account number. In addition, you are solely responsible for ensuring that the services are renewed and URU shall not be held liable to you or any other third party in connection with the renewal as described herein, including, but not limited to, any failure or errors in renewing the services. You irrevocably and expressly agree to pay all value added, sales and other taxes related to URU Services or payments made by you hereunder.
URU art harbour' preferred and accepted mode of payment is via bank; though we do accept payments through online banking, Credit/Debit card and Cheques which will be subject to payment clearance before the Services are made available, when applicable. All payments or fees for URU Services shall be made in Indian Rupees (INR).
3.2 CHANGES IN PRICING FEE STRUCTURE AND FEES
URU reserves the right at any time to change its current pricing, fees structure, cancel the current access fee and/or charge fees for access to portions of the Service and/or the Service as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. Thus, if at any time URU requires a fee for portions of the Service that are now free, URU will give you advance notice of such fees and the opportunity to cancel the account/order before such additional charges are imposed. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by URU or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account.
4. User Information and Privacy
4.1 USER INFORMATION
4.2 USER INFORMATION SUBMISSION GUIDELINE
If any of our Services require you to create an account to participate or to secure additional benefits, you expressly agree to;
1.Provide true, current, complete, valid and accurate information about you as required by the application process or as required by you to avail any of our Services
2.Maintain and update, in accordance with our modification procedures, the information you provided to us while purchasing our Services as needed to keep it current, complete, valid and accurate.
You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including, but not limited to, using another person or entity's username, password or other account information, or other person or entity's name, likeness, voice, image of photograph. You shall not submit fraudulent information or encourage a third party to submit fraudulent information on your behalf. You expressly agree to notify us of any wrongful use or any usage that might be constituted as wrongful, breach of security, or any other breach or usage incompatible with the Terms and Conditions, immediately and without conflicts or apprehensions.
1. the purposes for which such third party's personal data has been collected
2. the intended recipients or categories of recipients of the third party's personal data
3. which parts of the third party's data are obligatory and which parts, if any, are voluntary
4. how the third party can access and, if necessary, correct, modify, change or make unavailable, in which case the Service may be terminated, the data held about them
You further agree to provide such notice and obtain such consent with regard to any third party personal data that you may supply to us in the future. We are not and cannot be held responsible for any consequences or damages, whatsoever, resulting from your failure to provide notice or receive consent from such individuals that may result in you providing us with outdated, incomplete or inaccurate information. In such an event, you are liable to be held in violation of this Terms of Service and may further lead to legal or administrative action against you.
4.4 CHILDREN'S PRIVACY
URU's Site and Services are directed at adults; it is not directed to children under the age of 13. We operate our Site and Services in compliance with the Children's Online Privacy Protection Act (COPPA) (since India does not have a specific policy for children’s online privacy) and other relevant laws applicable in India. We do not intentionally collect, use or maintain personal information from anyone under the age of 13. Children under 13 years of age are encouraged to navigate away from this site and refrain from providing any personally identifiable information without the knowledge and permission of a parent or guardian. Any information thus collected, brought into our notice and verified, will be immediately removed from our databases and servers except as permitted by law or with verifiable consent of a parent of guardian. This may mean that children under the age of 13 might not be able to participate or use certain features of the URU Site and Services. URU art harbour recognises the privacy interests of children and we encourage parents and guardians to take an active role in their children's online activities and interests.
4.6 NOTICES AND ANNOUNCEMENTS
1. Except as expressly provided otherwise herein, all notices to URU shall be in writing and delivered via overnight courier or certified mail, return receipt requested, to URU art harbour, Attention: Legal Department, Uru art harbour, Kochangadi Road, Kochangadi, Mattancherry, Kochi - 682002. All notices to you shall be delivered to your mailing address or e-mail address provided by you in your account information and/or as updated by you pursuant to this Terms of Service.
2. You hereby authorise us to contact you as our customer by any means necessary including but not limited to via telephone, email, and postal mail, as provided by you in your account information and/or updated by you pursuant to this Terms of Service and is herein incorporated by reference
3. Notices and announcements may include commercial emails, telephone solicitations and other notices describing changes, upgrades, new products and services or other information pertaining to Internet Security or to enhance your identity on the Internet and/or other relevant matters.
5. Legal Disclaimer, Representations and Warranties
5.1 LEGAL DISCLAIMER (EXCLUSION AND LIMITATION OF LIABILITY)
URU DISCLAIMS ANY AND ALL COSTS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO;
1. LOSS OF LIABILITY RESULTING FROM ACCESS DELAYS OR ACCESS INTERRUPTIONS
2. LOSS OR LIABILITY RESULTING FROM DATA NON-DELIVERY OR FAULTY DATA DELIVERY
3. LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO, NATURAL CATASTROPHES, ACT OF GOD ETC (REFER, SECTION 5.5 FORCE MAJEURE, INCORPORATED HEREIN BY REFERENCE)
4. LOSS OR LIABILITY RESULTING FROM THE UNAUTHORISED USE OR MISUSE OF YOUR ACCOUNT NUMBER, PASSWORD AND/OR SECURITY AUTHENTICATION OPTION
5. LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR SERVICES PROVIDED UNDER THIS TERMS OF SERVICE
6. LOSS OR LIABILITY RELATING TO THE DELETION OR FAILURE TO STORE IMPORTANT E-MAIL MESSAGES
7. LOSS OR LIABILITY RESULTING FROM THE DEVELOPMENT OR INTERRUPTION OF OUR WEBSITE
8. LOSS OR LIABILITY FROM YOUR INABILITY TO USE OUR SERVICES OR ANY COMPONENT OF THE SERVICE YOU HAVE SUBSCRIBED TO
9. LOSS OR LIABILITY THAT YOU MAY INCUR IN CONNECTION WITH OUR PROCESSING OF YOUR APPLICATION FOR OUR SERVICES, OUR PROCESSING OF ANY AUTHORISED MODIFICATION OR FAILURE TO PAY ANY FEES INCLUDING, BUT NOT LIMITED TO, THE INITIAL REGISTRATION OR PURCHASE FEE
10. LOSS OR LIABILITY AS A RESULT OF THE APPLICATION OF OUR DISPUTE POLICY
11. LOSS OR LIABILITY RELATING TO LIMITATION, INCOMPATIBILITIES, DEFECTS OR OTHER PROBLEMS INHERENT IN XML, PHP, WORDPRESS OR ANY OTHER STANDARD NOT UNDER URU'S SOLE CONTROL
5.2 DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF OUR SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL OF SUCH SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, EXCEPT AS OTHERWISE INDICATED OR NOTED IN THIS TERMS OF SERVICE. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGMENT. URU ART HARBOUR DOES NOT MAKE ANY WARRANTY THAT SERVICES LICENSED HEREUNDER WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN CONSENT, DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, OTHER SYSTEMS OR LOSS OF DATA OR WHATSOEVER DAMAGE THAT MAY RESULT FROM THE DOWNLOAD AND/OR ACCESS AND USE OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY WHATSOEVER REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. URU DOES NOT OFFER ADVICE AND NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US AND/OR OUR SUPPORT STAFF AND/OR THROUGH OUR SITE AND/OR SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE AS SUCH. TO THE EXTENT, JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.
5.3 REPRESENTATIONS AND WARRANTIES
You hereby agree and warrant that;
1. neither your registration nor use of any of the URU Services nor the manner in which you intend to use such URU Services will directly or indirectly infringe the legal rights of a third party
3. you have selected the necessary security options and you are solely responsible for your information
5. you agree to comply with all applicable laws and regulations
5.5 FORCE MAJEURE
Neither you nor URU shall be deemed in default hereunder, nor shall any party be held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, storm, natural disaster, man-made disaster, any that could be considered an act of God, terrorism, civil uprising, armed conflict, labor strike, lockout or boycott, provided that the party relying on this section
1. Shall have given the other party written notice there of promptly and in any event within five (5) days of discovery thereof and
2. Shall take all reasonably necessary steps under the circumstances to mitigate the effects of the Force Majeure event upon which such notice us based; provided further, that in the event of a Force Majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, URU art harbour may immediately, without limitations, terminate this Terms of Service.
6. Indemnity, Termination and Modification
You irrevocably and expressly, without limitations or warranties, agree to release, indemnify, defend and hold harmless URU art harbour, its directors, employees, agents, officers, other users, Representatives and/or affiliates and all of the foregoing entity's respective officers, directors, owners, employees, agents, Representatives and assigns from and against all liabilities, claims, damages, costs, expenses, reasonable attorney fees and expenses, relating to or arising out of
1. this Terms of Service or the breach of your warranties, representations and obligations under this Terms of service
2. the URU Services or your use of such Services, including without limitation infringement of dilution by you, or someone else using our Services from your computer or account ID or by someone posing as you
3. any intellectual property or other proprietary right of any person or entity
4. a violation of any of our operating rules or policies relating to the Services provided
5. any information or data you supplied to URU, including, without limitation, any misrepresentation in your application, if applicable
6. the inclusion of or attempt to include or add any element to any Service created for you or by you via the URU Services
7. any information, material, or services available on your URU Service page
Additionally, when we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Terms of Service. We shall have he right to participate in any defence by you of a third-party claim related to your use of any of the URU Services, with counsel of our choice at our own expense. We shall reasonably cooperate in the defence at your request and expense. You shall have sole responsibility to defend us against any claim, but you must receive our prior written consent regarding any related settlement. The terms of this section and/or this paragraph will survive any termination or cancellation of this Terms of Service.
The following are the circumstances and/or conditions under which our Services can be terminated.
1. Termination By you.You may terminate this Terms of Service, and thereby any URU Service, upon at least thirty (30) days written notice to URU for any reason
3. Effect of Termination.Except as otherwise expressly set forth herein or on our Site, URU will cease charging recurring payments, if applicable, for any monthly service fees as of the expiration of the monthly billing cycle in which the termination is effective. Unless otherwise specified in writing by URU, you will not receive any refund for payments already made by you as of the date of termination. If termination of this Terms of Service is due to your default hereunder, you shall bear all costs of such termination, including but not limited to, any reasonable costs, URU incurs in closing your account. You agree to pay any and all costs incurred by URU in enforcing your compliance with this Section of the Terms of service. Upon termination, you agree that you shall destroy any copy of the materials licensed to you hereunder and referenced herein. You agree that upon termination or discontinuance for any reason we may delete all or parts of the information related to you on the URU Service, at our sole discretion. You also understand that in addition to the terms set forth herein, certain URU Services may have additional terms regarding termination, which are set forth in the applicable Service specific policies.
4. Effect of Termination of Bundled Services.In addition to the terms set forth in the sub-section 6.2 (3) Effect of Termination above, if you purchase URU Services which are sold together as part of a Bundled Package of Services, any termination relating to such, will terminate all URU Services included in the package. Upon the Effective Date of termination, URU will no longer provide the bundled Services to you. You agree that any licenses granted to you shall be void and terminated immediately and you shall refrain from using such services, provided, however, that we may, in our sole discretion and subject to your irrevocable agreement to be bound by the applicable agreements and to pay the applicable fees, allow you to convert certain Services included in the Bundled Services to stand alone or individual Services.
7. Access, Rights and Responsibility
7.1 ACCOUNT ACCESS
7.2 RIGHT OF REFUSAL
URU, on its sole discretion, reserves the full right, without limitations or warranty expressed or implied, to refuse to register your chosen username, issue you a digital certificate and/or register you for other URU Services. In the event we do not register your chosen username, issue you a digital confirmation, or register you for other URU Services or we delete your chosen or other URU Services within such thirty (30) calendar days, we agree to refund any applicable fees you have paid. You agree that we shall not be held liable to you and/or any other third party acting on your behalf for loss or damages that may result from our refusal to register you with our Site and/or Services.
7.3 TRANSFER OF YOUR RIGHTS
Except as otherwise mentioned, stated or set forth herein, your rights outlined and stated under this Terms of Service can not be assigned, gifted, given, and/or transferred to any third party. Any attempt by your or any other third party assigned by you including, without limitation, your creditors, to obtain an interest in your rights under this Terms of Service, whether by attachment, garnishment, levy or otherwise, shall render this Terms of Service void and/or terminated at our sole discretion. You agree not to reproduce, sell, resell, copy, duplicate or otherwise exploit for any commercial purposes any of the Services and/or any portion thereof without the prior express written consent of URU art harbour.
7.4 PROPRIETARY RIGHTS
As between you and us, we or our associates, artists, and licensors, as applicable, own, solely and exclusively, all rights title and interest in and to the Site and Services, all the content, except as mentioned in Section 4.1 User Information, code, data and materials thereon, the look and feel, design, layout and organisation of the Site and/or Service and the compilation of the content, code, data and materials on the Site and/or Service including, but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein and, in the event that we do not own such content, data and materials. Your use of the Site and/or Service does not grant you ownership of any content, design, code, data or materials found on the Site and/or Service, unless the data you collect is acquired by you.
7.5 WAIVER OF RIGHTS
No waiver of any rights granted, terms and/or conditions of this Terms of Service shall be effective unless it is in writing and signed by an authorised representative of URU. The remedies of URU art harbour under this Terms of Service shall be cumulative and not alternative and the selection of one remedy for a particular breach shall not preclude pursuit of other remedies. The failure of one party or both parties to require performance of any obligations of the other party hereunder shall not affect its right to enforce any Terms and Conditions of this Terms of Service at any subsequent time, and the waiver of any such rights arising out of any prior or subsequent breach.
7.6 RIGHT TO MODIFY TERMS OF SERVICE
Except as otherwise provided in this Terms of Service, you agree, during the terms of this Terms of Service, that we may, on our sole discretion;
1. revise the Terms and Conditions of this Terms of Service
2. change part of the Services provided under this Terms of Service at any time
1. any agent representative or employee of any third party that you may use to apply for our Services
2. information posted on our Site which is solely for the purpose of general information about URU and its Services and activities
No employee, contractor, artist, associate, or agent or URU is authorised to alter, change or amend the Terms and Conditions of this Terms of Service.
7.7 RIGHT TO MONITOR AND EDITORIAL CONTROL
We reserve the right, but disclaim any obligation or responsibility, to;
2. identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either:
facilitate compliance with laws, including, for example, compliance with a court order or subpoena,
Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.
7.8 USER'S RESPONSIBILITY
The user is also responsible for maintaining the confidentiality of their usernames(s), password(s) and/or their accounts along with any and all activities that may happen under the user's account. Also note that key-loggers, viruses or other surveillance devices can intercept login information on the computer from which the user may access our Services, so the user is also advised to take precautions regarding such devices, especially from public computers. In addition you should always log-out from any relevant Service when you are not actively using them.
7.9 ORDERS FOR OUR SERVICES
8. Use of URU Services
8.1 CONDITIONAL USE OF URU SERVICES
8.2 PROHIBITED USE
Any commercial or promotional distribution, publishing or exploitation of the Site or any content, code, date or materials on the Site and/or Service is strictly prohibited unless you have the prior express written permission from the authorised personnel of URU or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Site and/or Service. You further agree that you shall not alter, edit, delete, remove, otherwise change the meaning or appearance of, or re-purpose, any of the content, code, data, or other materials on or made available through the Site and/or Service. This includes, without limitation, the alteration or removal of any Trademarks (refer Section, 10.2 Trademarks) or any other proprietary content or proprietary rights notices. If you make other use of the Site or the content, code, data or materials thereon, except as otherwise provided herein, you may be subject to liability for such unauthorised use, including, without limitation, for violations of copyright and other applicable laws.
8.3 TRANSACTION AND RELATIONSHIPS
Some materials or information accessible in certain sections of the Site and/or Services may be by third parties and not by URU including, for example and without limitation, information provided by users, submissions to blogs, photo galleries, message boards, chat discussions and other public forums available on or through the Services. From time to time there may be possibilities and/or opportunities on or through the Site and/or Services for you to purchase certain products and/or services directly from such third parties who have advertised their services or products on the Site and/or Service. URU assumes no responsibility for, and you agree that you are solely responsible for confirming the accuracy, availability, appropriateness, correctness, veracity, completeness, reliability, if it's up-to-date and the timeliness of any such information, content, products, services, advertising or other such materials. The inclusion of any such User-Generated Content of the Site and/or Service does not imply, attempt to imply endorsement or support by URU. You are solely responsible for any and all consequences of such activities, transactions and relationships that you may conduct, carry out or form with third parties. Any purchase that you make from third parties or users who have advertised on or through the Site and/or Service are made at your own exclusive risk and you also consent and acknowledge and agree that URU has no responsibility or liability whatsoever for such actions carried out by you. Furthermore you also agree that you have been expressly warned and cautioned by URU against carrying out any such action and that by carrying out any such action you are ignoring the warning and is liable to be held accountable for any damages or consequences that might arise out of your actions.
9. Jurisdiction and Severability
9.1 JURISDICTION AND GOVERNING LAW
We control and operate our Site and Services from Cochin, India, regardless of where our hosting servers are located.
1. You agree that this Terms of Service and any disputes hereunder shall be governed in all respects and be construed in accordance with the laws of the country and state from which we operate from; here, Cochin, India, without giving effect to any principles of conflict of laws.
2. You agree to submit to the exclusive subject matter jurisdiction, personal and exclusive jurisdiction and venue of Cochin, India, and that all disputes between you and URU, arising out of, or related in way to this Terms of Service or to the use of our Site and/or Services shall be litigated, if at all, in and before a court located in Cochin, India, to the exclusion of courts of any other state or country.
3. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
You agree that the Terms and Conditions set forth in this Terms of Service are severable. If, for any reason, any of the terms and/or conditions set forth in this Terms of Service are affirmed invalid and/or unenforceable, in whole or in part, then that particular provision and/or provisions shall be deemed severable and shall not affect the validity and the enforceability of any, or all, remaining Terms and Conditions of this Terms of Service and furthermore, it shall be deemed amended to the full extent required to make this Terms of Service enforceable, valid and to the maximum extent plausible, consistent with the applicable laws, and consistent with the original intentions of the parties involved. This shall not be considered as a waiver of URU's Terms of Service.
10. License, Trademarks and Ownership
10.1 LIMITED LICENSE
You may access and view all contents, graphics, text and all other materials made available through our Site and/or Service on you computer or other devices and you may make copies, or share via social-media, blogs and websites, or print-outs of the content available through our Site and/or Service for your exclusive personal, non-commercial, referential use at your own risk, provided that you keep and adhere to all, without limitations or warranty, copyright and other proprietary notices contained therein and use the same in accordance with all applicable restrictions and guidelines on your use of the Site and/or Service in general.
The Trademarks displayed on the Site and/or Services or on content available through the Site and/or Service are registered and unregistered Trademarks of our and others may only be used in accordance with the Section 10.1 Limited License, provided that such use may not be likely to cause customer confusion or, in any manner, disparage or discredit their rights holders. All Trademarks not owned by us that appear on the Site and/or Service or on or through the Site and/or Service, if any, are the property of their respective owners. Nothing contained on this Site grants or attempts to grant, expressed, estoppel or implied or otherwise, or should be construed as granting, by implication, estoppels or otherwise, any license or right to use any Trademarks displayed on the Site without the express written permission and consent of URU or of the third party rights holder.
Except as otherwise set forth herein, all rights, title and interest in and to all
1. registered and unregistered trademarks, service marks and logos
2. patents, patent applications and patentable ideas, inventions and/or improvements
3. trade secrets, proprietary information and know-how
4. all divisions, continuations, reissues, renewals and extensions thereof now existing or filed, issued or acquired hereafter
5. registered and unregistered copyrights including, without limitation, any forms, images, audio or video displays, presentations, text, software, layout, design ideas,
11. Third Parties and Third Party Links and Linking
11.1 INDEPENDENT PARTIES
Your employees, consultants, contractors and/or agents are not agents, employees or joint ventures of URU art harbour and they do not have any authority to bind us by contract or otherwise to any obligation. Both you and URU shall ensure that they shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
11.3 THIRD PARTY LINKS
11.4 LINKING TO OUR SITE AND/OR SERVICES
You agree that if you include a link from any other web site to our Site and/or Service or to any part of our Site and/or Service, such shall link to the full version of an HTML formatted page of this Site and/or Service. You are not permitted to link directly to any image on our Site and/or Services. You agree not to link to our Site and/or Service in any manner such that the Site, or any part, section and/or webpage is “framed” or surrounded or obfuscated by any third-party content, materials, text or branding. We reserve all of our rights under the law to insist that any and all links to the Site and/or Service or to parts, section and/or web pages of the Site and/or Service be immediately, without being subject to conflicts, discontinued and removed at any time upon written notice to you.
12. Submitted Materials and User Generated Content
12.1 SUBMITTED MATERIALS
You must provide your User Information prior to submitting any Submitted Materials and by submitting or sending any Submitted Materials to us, you;
1. warrant and represent that the Submitted Materials are not confidential or secret and no confidential or fiduciary relationship is intended or created between you and us in any manner or method
2. warrant and represent that the Submitted Materials are original to you and that no other party has, have or will have any rights thereto and that any “moral rights” in Submitted Materials have been waived and excluded
3. you grant URU and our Representatives a worldwide, perpetual, royalty-free, unrestricted, irrevocable, nonexclusive, fully transferable, assignable, sub-licensable right and license to use, reproduce, copy, modify, adapt, print, publish, translate, create derivative works from, distribute, publicly display, publicly disclose, broadcast and transmit such material, in whole or in part, and/or to incorporate it with or in other works in any form, media or technology now known or that could be later developed, including for promotional and/or commercial purpose, and to authorise others to do the same.
To the extent, if you submit a photograph, graphic image or video, you expressly agree to represent and warrant that;
1. you have the essential rights to authorise us and our affiliates and/or our Representatives to use such photograph or video as permitted by the Terms and Conditions set forth herein
2. you expressly authorise us and our Representatives to use such photograph or video as permitted by the Terms and Conditions set forth herein
3. you have obtained the necessary permission, if any, for us and our Representatives to use such photograph or video in accordance with the Terms and Conditions set forth herein
4. such photograph or video has not been manipulated or altered with in any manner so as to distort or misrepresent any individual or object depicted in it
12.2 USER GENERATED CONTENT - SUBMISSIONS/PERMISSIONS
You expressly agree that you shall;
1. you shall not upload to, or distribute or otherwise publish on to the Service any libellous, defamatory, obscene, pornographic, abusive or otherwise illegal material
2. be courteous. You agree that you will not threaten or verbally abuse other members or users of the URU Site and/or Service, use defamatory or crude language, or deliberately disrupt discussions (where applicable) with repetitive messages, meaningless messages or “spam”
3. use respectful language. Like any community, the online conversation flourishes only when users feel welcome and safe. You expressly agree not to use language that abuses or discriminates or that might be considered abusive or discriminative in the basis of race, religion, nationality, gender, sexual preference, age, region, disability etc. Hate speech of any kind shall invoke grounds for immediate and permanent suspension of access to all or Part of the Services (however applicable, at our sole discretion).
4. debate, but don't attack. People will always disagree in a community full of opinions. URU encourages active discussions and welcomes heated debates and exchanges on or through the Services. However, personal attackers are considered a direct violation of this Terms of Service and shall constitute grounds for immediate and permanent suspension of access to all or part of the Services (however applicable, at our sole discretion).
5. not distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods and/or services without the express prior written consent of URU art harbour.
6. You agree and acknowledge that any submission you make to the Services (for example and without limitation, user-generated content including comments, forum messages, reviews, text, video, audio and photographs as well as computer code and application) may be edited, removed, modified, published, transmitted and displayed by URU art harbour and you hereby expressly waive and exclude any rights you may have in the materials altered or changed in a manner not agreeable to you. Submissions made to or through the Services may also be included in our RSS feeds; API's and made available for republishing through other formats.
7. you grant URU and our Representatives a worldwide, perpetual, royalty-free, unrestricted, irrevocable, nonexclusive, fully transferable, assignable, sub-licensable right and license to use, reproduce, copy, modify, adapt (including, without limitation, the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies), print, publish, translate, create derivative works from, distribute, host, index, cache, tag, encode, publicly display, publicly disclose, broadcast and transmit such material, in whole or in part, and/or to incorporate it with or in other works in any form, media or technology now known or developed herein, including for promotional and/or commercial purpose, and to authorise others to do the same, any Submitted Materials posted by you on or through the URU Site and/or Services
8. You are solely responsible for the content of your Submitted Materials. However, while URU does not and cannot review every Submitted Material and is not responsible for nor do we claim responsibility for the content of these messages and we reserve the full, irrevocable and exclusive right to delete, move or edit Submitted Materials that we, on our sole discretion, deems abusive, defamatory, obscene, in violation of the copyright or trademark laws or otherwise simply unacceptable.
9. By submitting a material, you are consenting to its display on the Site and for related online and offline promotional uses.
13. Copyright Infringement Claims
13.1 NOTICE AND PROCEDURE FOR MAKING COPYRIGHT INFRINGEMENT CLAIMS
URU respects the intellectual property rights of others and require that our users do the same. If you believe in good faith that a copyrighted work has been reproduced copied or altered in such a way that constitutes copyright infringement, please notify our Copyright Agent, designated as such pursuant to the Indian Copyright Act, 1957, named below. To be more effective and to reduce cluttering, the notification by be a written communication that includes
A physical or electronic signature of the personal authorised to act on behalf of the owner of an or the exclusive right that is allegedly infringed
Identification of the copyrighted work allegedly infringed, or, if multiple copyrighted works on a site are protected by a single notification, a representative list of such work at that site
Identification of the material that is allegedly infringing or to be the subject of the allegedly infringing activity, and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to identify and locate the material
Information reasonably sufficient to permit us to contact the party who has made such a complaint including, with an address, telephone number and if available and electronic mail address at which the party may be contacted
A statement that the party who has made such a complaint had a good-faith belief that the use the material in the manner complained of is not authorised by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate and under penalty of perjury, that the party who made such a complaint is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed
In the interest of fairness, we may give notice to our users that we have receive a notice of infringement by means of a general notice on the Site and/or Service, electronic mail or the user's email address voluntarily submitted and stored in our records. When, and if, you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information requested below. To be more effective and to reduce cluttering, the counter-notification must be a written communication that includes the following;
Your physical or electronic signature
Any identification of the material or content that has been removed or to which access has been disabled, whether temporarily or permanently, and the location at which the material or content in question appeared before it was removed or access to which was disabled
A statement from you under the penalty of jury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your full name, physical address and the telephone number and a statement that you agree, understand and consent to the jurisdiction of a District Court for the judicial district in which URU art harbour' office is located and that you will accept the service of process from the person who provided notification of allegedly infringing the material or an agent of any such person.
C/o URU art harbour
Kochi – 682 002
Phone Number :+91 9446 114 709 Email : firstname.lastname@example.org
14. Rules of Conduct
14.1 RULES OF CONDUCT
The following Rules of Conduct apply to URU Site and Services. By using this site you expressly agree that you will not distribute and submit Submitted Materials that;
1. is defamatory, abusive, harassing, threatening, or an invasion or a right of privacy of another user
2. is bigoted or racially or otherwise offensive
3. is violent, vulgar, obscene, pornographic or otherwise sexually explicit
4. otherwise harms any person or entity
5. is illegal or encourages or that advocates any illegal activity or attempt at illegal activity or the discussion of illegal activities with the intent to commit them, including, without limitation, submissions that is or represents and attempt to engage in child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft or conspiracy to commit any criminal activity.
6. infringes or violates any right of a third party including
copyright, patent, trademark, trade secret or other proprietary or contractual rights
right of privacy (specifically, you must not distribute another users personal information of any kind without their express permission) or publicity
any confidentiality obligation
7. is commercial, business-related or advertises or offers to sell any products, services or otherwise, whether or not for profit, or solicits others (including solicitations for contributions or donations)
8. contains a virus or other harmful component or otherwise tampers with, impairs or damages the Site and/or Service or any connected network, or otherwise interferes with any person or entity's enjoyment of the Site and/or Service
9. is antisocial, disruptive or destructive, including “flaming,” “spamming,” “flooding,” “trolling” and “grieving” as those terms are commonly used and understood on the Internet
10. do not generally pertain to the designated topic or theme of the relevant discussion or public forum
We cannot, do not and will not assure that other uses are or will be complying with the foregoing Rules of Conduct or any other provisions set forth in this Terms of Service, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
14.2 USER CONDUCT GUIDELINES
You warrant and agree that, while using our Site and/or Services and other features offered on or through the Site and/or Services, including, without limitation, blogs, Podcasts, RSS feeds, videos, discussion forums, comment threads, social-media, photo galleries, chat rooms and other public or open forums, you shall not
1. Impersonate any person or entity, whether actual or fictional, including, without limitation, anyone from URU or its affiliates or misrepresent your affiliation with any other person or entity
2. Insert your own or a third party's advertising, branding, or other promotional content into and of the Site content, materials or Services, or use, re-distribute, reuse, republish, repurpose or otherwise exploit such content or service for any purpose of reason, including, without limitation, further commercial or promotional purposes
3. Attempt to gain unauthorised access to other computer systems through the Site. You also shall not and by your use of the Site, represent and warrant that you are not
Engaging in spidering, “screen scrapping,” “database scrapping,” harvesting of e-mail addresses, wireless addresses or other contact or personally identifiable information or any other automatic means of obtaining lists of users or other information from URU, including, without limitation, any information residing on any Server or database directly or in-directly maintained or operated by URU or the Servers which might hold information that URU collects
Obtaining or attempting to obtain unauthorised access to computer systems, materials or information through any means;
Using the Site or the Services or features in any manner with the intent to interrupt, damage, disable or overburden or impair the Site or such Services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests
Removing, concealing, editing or otherwise altering any trademark, copyright or other proprietary rights notice or other mark or source identifier included in any content or features made available on or through the Site and/or Service
Using the Site and Services in violation of any applicable law
Attempting, or encouraging or supporting anyone else's attempt, to circumvent, reverse engineer, decrypt or otherwise alter or interfere with the Site and/or Services, or any other content thereof, or many any unauthorised use thereof
Using the Site in any manner that could damage, disable, overburden, or impair the Site and/or Service on interfere with any other third party's use and enjoyment of the Site and/or Services
Obtaining or attempting to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site and/or Service
1. These Terms of Service have been made in and shall be constructed and enforced in accordance with the laws and regulations of the city of Cochin, India. Any action to enforce these Terms and Conditions of this Terms of Service shall be brought in the federal or state courts located in Cochin, India.
3. All correspondence, unless otherwise mentioned, should be sent to, email@example.com
4. You agree to report and not withhold any copyright violations of this Terms of Service to URU art harbour as soon as you become aware of the same. In the event you have a claim of copyright infringement with respect to material that is contained in the URU Site and/or Service, please refer the Section 13.1 Notice and Procedure for Making Copyright Infringement Claims.