You represent that all the information, data and other materials you provide on this websitewebsite or to the Company through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on this websitewebsite, as appropriate.
A copy of the Privacy Notice that applies to the collection, use, disclosure and other processing of personal information on this website is located at instaaprint.com. You consent to any personal information we obtain about you (either via this website, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Notice.
License and website Access
All contents available through this website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) are the exclusive property of and owned by the Company, its licensors or its content providers, and is protected by copyright, trademark and other applicable laws.
The Company grants you a limited license to access and make personal use of this website. Unless indicated to the contrary, you may access, copy, download and print the content available on this website for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notices that appear in the content. The Company or its licensors or content providers retain full and complete title to the content available on the website, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in the Company’s sole discretion. The Company strictly prohibits any other use of any content available through the website, including but not limited to:
- any downloading, copying or other use of the content or the website for purposes competitive to the Company or for the benefit of another vendor or any third party;
- any caching, unauthorized linking to the website or the framing of any content available on the website;
- any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or services obtained from the website that you do not have a right to make available (such as the intellectual property of another party);
- any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer.
- using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the website (including, but not limited to the use of any “scraping” or other data mining techniques, robots or similar data gathering and extraction tools); or
- any action that imposes or may impose (in the Company’s sole discretion) an unreasonable or disproportionately large load on the Company’s infrastructure, or damage or interfere with the proper working of our infrastructure.
You are responsible for obtaining access to the website, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the website. You may not bypass any measures that have been implemented to prevent or restrict access to this website. Any unauthorized access to the website by you (including any such access or use that involves in any way an account you may establish on the website or any device you may use to access the website) shall terminate the permission or license granted to you by the Company.
The Company reserves the right to refuse or cancel any person’s registration for this website, remove any person from this website and prohibit any person from using this website for any reason whatsoever, and to limit or terminate your access to or use of the website at any time without notice. The Company neither warrants nor represents that your use of the content available on this website will not infringe rights of third parties not affiliated with the Company. Termination of your access or use will not waive or affect any other right or relief to which the Company may be entitled, at law or in equity.
Content You Submit
You acknowledge that you are responsible for any content you may submit through the website, including the legality, reliability, appropriateness, originality and copyright of any such content. You may not upload to, distribute or otherwise publish through this website any content that is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable laws.
You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content.
You grant INSTAAPRINTTM a non-exclusive, global, transferable, sublicensable license to any Content you submit, post, upload, publish, or otherwise make available through the website (other than personal information processed in accordance with a privacy notice), For the use, reproduction, public display, sale and distribution of designs in or on products, as well as advertising, marketing, samples and promotional materials used to promote websites and products. Without limitation, this promotion, marketing or advertising, if you agree that your design can be used for a particular product category or for other manufacturing purposes, you also grant us the license and right to modify your design as necessary to prepare your design for use in that product category or for other manufacturing purposes. If you select the “Customize” option, you also agree that the commercial design and website visitors (the “Users”) may make changes to the design for the purpose of creating and ordering the product. You may remove or hide your designs from this website at any time, but due to caching and other technical issues, it may take several days to remove them completely from this website. You retain all copyright and other intellectual property rights in your designs. Once the design is removed, the above license terminates, but INSTAAPRINTTM will fulfill any orders prior to the termination, and if such materials were made before the design was removed, INSTAAPRINTTM may continue to use your design in marketing and promotional materials.
This website may contain links to other websites or resources that are operated by third parties not affiliated with the Company. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. Inclusion of links to other websites or resources should not be viewed as an endorsement of the content of linked websites or resources. Different terms and conditions and privacy policies may apply to your use of any linked websites or resources. The Company is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked website or resource.
Your use of this website is at your sole risk. The website and the materials, information, services and products on this website are provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the website or any feature or part thereof at any time. The company disclaims any warranties that access to the website will be uninterrupted or error-free; that the website will be secure; that the website or the server that makes the website available will be virus-free; or that information on the website will be correct, accurate, adequate, useful, timely, reliable or otherwise complete. If you download any content from this website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content. No advice or information obtained by you from the website shall create any warranty of any kind. In certain jurisdictions, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.
LIMITATION OF LIABILITY
You acknowledge and agree that you assume full responsibility for your use of the website, communications with third parties, and purchase and use of the products and services available through the company websites. You acknowledge and agree that any information you send or receive during your use of the website may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the website is at your own risk and that the website is made available to you at no charge. recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law (including, without limitation, consumer protection law), neither the company nor its licensors, suppliers or third party content providers (the “company parties”) will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to (1) this website, or any other website or resource you access through a link from this website; (2) any action we take or fail to take as a result of communications you send to us; (3) any products or services made available or purchased through the company websites, including any damages or injury arising from any use of such products or services (including product liability); (4) any delay or inability to use the website or any information, products or services advertised in or obtained through the website; (5) the modification, removal or deletion of any content submitted or posted on the website; or (6) any use of the website, whether based on contract, tort, strict liability, product liability, or otherwise, even if the company parties have been advised of the possibility of damages. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the website, or obtained from a linked website or resource. This disclaimer applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, loss of profits by you, or theft, destruction, unauthorized access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that neither the company nor its licensors, suppliers or third party content providers shall be liable for any defamatory, offensive or illegal conduct of any user of the website. Your remedy for any of the above claims or any dispute with the company is to discontinue your use of the website.
You also agree that in case of any dispute arising out of the product or services purchased from this website, shall not be as decided by the Hon’ble court but not more than the value of the disputed order.
You also agree that in case of any customized order where you provide any specific text, designs, images, trademark and/or photos; you shall only be responsible for any third party dispute in respect of infringement of intellectual property and you shall keep the Company free from any liability arising out of your such infringing conduct.
You and the company agree that any cause of action arising out of or related to the website must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred.
Some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, all or a portion of the above limitation may not apply to you.
You will indemnify and hold harmless the Company Parties from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by the Company Parties and such parties, and shall defend the Company Parties and such parties against any and all claims arising out of (1) your breach of these Terms and Use; (2) your breach of the Terms of Purchase; (4) fraud you commit, or your intentional misconduct or gross negligence; or (5) your violation of any applicable law or the rights of a third party. The Company Parties will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of the Company Parties.
When you use the website or send emails to the Company, you are communicating with the Company electronically. You consent to receive electronically any communications related to your use of this website. The Company will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from the Company intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on any of the Company websites.
The website may provide users with the ability to send post messages on the website. The Company is under no obligation to review any content (including any messages) posted on or sent through the website by users and assumes no responsibility or liability relating to any such content. The Company, in its sole discretion, may monitor such content and remove any such content.
Trademarks and Copyrights
The trademarks, logos and service marks (“Marks”) displayed on the website are the property of the Company or its licensors or content providers, or other parties. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or websites without the written permission of the Company or such third party which may own the Marks. You may not use frames or utilize framing techniques or technology to enclose any content included on the website without the Company’s express written consent. Further, you may not utilize any website content in any meta tags or any other “hidden text” techniques or technologies without the Company’s express written consent. All contents (including any software programs) available on or through the website are protected by copyright, trademark and other applicable laws.
Claims of Intellectual Property Infringement
The Company respects the intellectual property of others, and we ask our users to do the same. You are hereby informed that the Company has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of website users who are copyright infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Company’s Copyright Agent the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located on the website;
- your address, telephone number, and, if available, email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
The Company’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o Trumpcard Initiatives Worldwide Pvt. Ltd. , Legal Department
The Company may update this contact information from time to time without notice to you. We will post the current contact information on this website.
Survival of Terms After Agreement Ends
Risk of Loss
The items purchased through the website are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.
By using the website in any way, you unconditionally consent and agree that: (i) any dispute, controversy, difference or claim arising out of or relating to this agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration under The Arbitration and Conciliation Act, 1996 ; (ii) the law of this arbitration clause shall be the laws of the India; (iii) the place of arbitration shall be Ahmedabad, Gujarat, India; (iv) the number of arbitrators shall be three, out of which one shall be appointed by either party and the third shall be appointed by such appointed arbitrators; and (v) the arbitration proceedings shall be conducted in English.
Entire Agreement and Admissibility
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