Welcome to the ‘The Future of Design’™. website www.TFOD™.in henceforth
constitute a legally binding contract between TFOD™ / Imap Systems Pvt. Ltd.
(‘TFOD™’,’ISPL’, Imap Systems, ‘we’, ‘us,’ ‘our’) and you with respect to
your use of the TFOD™ website, TFOD™ applications for computers, mobile
devices, and the Information and Services (each as defined below) (collectively,
the ‘Website’). It is important that you carefully read and understand the terms
and conditions of this Agreement. By using the Website, you agree to be bound by
this Agreement. The following terms and conditions of use (here-in-after referred
to as an ‘Agreement’), applicable to your use of www.TFOD™.in (hereinafter
referred to as ‘website’), which promotes business, Sharing of knowledge and information
between Architects, Designers, Artists, Artisans, Product Manufacturers, Consultants,
Contractors, Service Providers, Students and all those who have interest / need
in design and designing globally. It is an agreement between you as the user(s)
of the website (the ‘User(s)’) and TFOD™ / IMAP SYSTEMS PVT. LTD. (hereinafter
referred to as ‘ISPL’).
If you do not agree to these terms and conditions, please do not use the Website
or any of the Information or Services. Be advised that this Agreement contains disclaimers
of warranties and limitations on liability that may be applicable to you and your
We reserve the right at any time, with or without cause, to:
- change the terms and conditions of this Agreement;
- change the Website, including eliminating or discontinuing
any Information or Services or other feature of the Website by giving notice or
otherwise; or deny or terminate your use of and/or access to the Website.
Any changes we make will be effective immediately upon our making such changes available
on the Website or otherwise providing notice thereof. You agree that your continued
use of the Website after such changes constitutes your acceptance of such changes.
You hereby acknowledge that you have carefully read all of the ‘Terms and Conditions’
and agree to accept / abide by the same.
Be sure to return to this page periodically to ensure familiarity with the most
current version of this Agreement.
Before you upload any material and/or begin participating in or using website, TFOD™
/ ISPL believes that user(s) have fully read, understood and accepted the agreement
If you do not agree to or wish to be bound by agreement, you should not access or
otherwise use the website.
II. Website-Merely a Venue/Platform
III. User(s) Eligibility
IV. User(s) Agreement
V. Amendment to User(s) Agreement
VI. Permitted use of Services and Information
VII. Intellectual Property Rights
VIII. Links to Third Party Sites/Content
X. Registered User(s)
X. Registered User(s)
XI. Data Protection/Personal Information
XII. Posting your Contents on ISPL
XIII. Interactions between User(s)
XIV. Limitations of Liability/Disclaimer
XVII. Governing Law and Disputes Resolutions
The Website is owned and operated by TFOD™ / ISPL and its licensors, and the
Information and Services (and any intellectual property and other rights relating
thereto) are and will remain the property of TFOD™ / ISPL and its licensors
and suppliers. The Information and Services are protected by Indian copyright, trademark,
and other laws, and you acknowledge that these rights are valid and enforceable.
Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt,
translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse
engineer, decompile, or disassemble any part of the Website or any Service or Information
without our prior written permission. The Information, Website, and Services may
be used solely (a) to the extent permitted in this Agreement or (b) as expressly
authorised in writing by TFOD™ or, if so indicated in writing by TFOD™,
its licensors or suppliers. Use of the Website or any Services or Information for
any other purpose is strictly prohibited. You acknowledge that you do not acquire
any ownership rights by using the Website or any Services or Information.
II. WEBSITE- MERELY A VENUE/PLATFORM
Website acts as a mere venue/platform for our users (Registered or otherwise), members
to display their unique creations, expertise, skills, designs, art, products and
/ or interact with other industry fraternity, other business services and end users
by way of locating companies, products, contractors, service providers etc. All
transactions / interactions will be the responsibility of the members / users only.
This agreement shall not be deemed to create any partnership, joint venture, or
other joint business relationship between TFOD™ / ISPL and any other party.
III. USER(S) ELIGIBILITY
User(s) means any individual or business entity / organization that legally operates
in India or in other countries, uses and has the right to use the services provided
by TFOD™ / ISPL. Our services are available only to those individuals or companies
who can form legally binding contracts under the applicable law. Therefore, user(s)
must not be a minor as per Indian law, i. e. user(s) must be at least 18 years of
age to be eligible to use our services.
TFOD™ / ISPL advises its users that while accessing the website, they must
follow/abide by the related laws. TFOD™ / ISPL is not responsible for the
possible consequences caused by your behavior during use of website. TFOD™
/ ISPL may, in its sole discretion, refuse the service to anyone at any time. The
service is not available to temporarily or indefinitely suspended members of website.
IV. USER(S) AGREEMENT
This agreement applies to user(s) if user(s) are visitors, registered, free or paid
user(s) who access the website for any purpose. It also applies to any legal entity
which may be represented by you under actual or apparent authority. User(s) may
use this website solely for their own personal or internal purposes.
This agreement applies to all TFOD™ / ISPL services offered on the website
www.tfod.in and all other domains that are directed on www.tfod.in, collectively
with any additional terms and condition that may be applicable to the specific service
used / accessed by user(s). In the event of a conflict or inconsistency between
any provision of the terms and conditions mentioned herein with those of the particular
service, the provisions of the terms and conditions applicable to such specific
services shall prevail.
V. AMENDMENT TO USER(S) AGREEMENT
TFOD™ / ISPL may change, modify, amend, or update this agreement from time
to time without any prior notification to user(s) and the amended and restated terms
and conditions of use shall be effective immediately on posting. If you do not accept
/ adhere to the changes, you must stop using the service. Your continuous use of
the service will signify your awareness and acceptance of the changed terms.
You are required to view the terms and conditions of website use periodically to
know latest prevalent terms and conditions.
VI. PERMITTED USE OF SERVICES AND INFORMATION
The services made available on, by or through the Website, which include or may
include, without limitation, TFOD™ registration, Profile uploads, Product
uploads including other details, Articles, Discussions, Message boards, Mails, Reviews,
Comments, Likes, and involvement in any TFOD™ events (collectively, the ‘Services’),
as well as any information provided on, by or through the Website or as part of
or in connection with the Services or otherwise, including but not limited to data,
text, graphics, designs, logos, images, audio/visual materials, links and references
(collectively, the ‘Information’), are provided for personal use only and not for
any for-profit or commercial activities or purpose or for resale, except as expressly
permitted / mentioned herein. Without the written consent of TFOD™ / ISPL,
no Information or any other TFOD™ materials or property may be copied, reproduced,
displayed, republished, downloaded, posted, digitized, translated, modified, transmitted,
distributed or commercially exploited in any way, except as expressly permitted
TFOD™ permits you to view and print a reasonable number of copies of web pages
located on the Website for your own personal use, but not for any for-profit or
commercial purpose or for resale; provided that
- (a) you retain all trademark, copyright, and other proprietary notices contained
in the original materials,
- (b) you provide attribution to TFOD™,
- (c) the material is printed in its entirety without modification, reformatting or
adaptation of any kind, and
- (d) any such copies are subject to the terms and conditions of this Agreement and
remain the property of TFOD™.
Artists, Architects, Contractors, Interior design professionals, Consultants may
register with TFOD™ as a professional and create a professional profile on
TFOD™. Subject to and conditioned on compliance with all of the terms of this
Agreement, such users are permitted to use the professional account / profile features
offered by TFOD™ to promote their activity / business. All such TFOD™
professional features are subject to discontinuance or change at any time. All of
the terms and conditions of this Agreement apply to your use of any such professional
account and profile, including without limitation, maintaining profile information,
uploading or other posting of Content, posting of Reviews, use of TFOD™ buttons,
links and widgets, and indemnification obligations.
You understand and agree that you may not authorise any Information to be reproduced,
modified, displayed, performed, transferred, distributed or otherwise used by any
third party, and you agree that you will take all reasonable steps to prevent any
unauthorised reproduction and/or other use of the Information. You agree to advise
TFOD™ promptly of any such unauthorized use of which you are aware. Failure
to abide by these conditions will immediately terminate this permission and may
result in the infringement of the copyrights and/or trademarks and other proprietary
rights of TFOD™/ ISPL or others.
You further agree that we may use the posted or provided content in any manner that
we deem appropriate or necessary. We reserve the right to edit or abridge any content
for any reason, and to edit, refuse to post or remove any content submitted by you
or others. We cannot and do not guarantee that we will post / keep posted all content
submitted or that such content will not be offensive, defamatory or objectionable.
Acceptable Use Policy:
You agree not to use the Information, Services or the Website to take any action
or actions that:
- are contrary to TFOD’s public image, goodwill or reputation;
- infringe on our or any third party's copyright, patent, trademark, trade secret
or other proprietary rights or rights of publicity or privacy;
- express or imply that any of your statements, activities or causes are endorsed
by us, without our prior written consent in each instance;
- violate any applicable law, statute, ordinance or regulation, or encourage any
conduct that could constitute a criminal offense or give rise to civil liability;
- are libelous, defamatory, threatening, harassing, invasive of privacy, abusive,
tortious, hateful, discriminatory, pornographic or obscene;
- transmit any trade secret or other material, non-public information about any
person, company or entity without the authorization to do so;
- restrict or inhibit any other visitor from using the Website, including, without
limitation, by means of ‘hacking’ or defacing any portion of the Website;
- modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or
disassemble any portion of the Website or Information;
- remove any copyright, trademark, or other proprietary rights notices contained
in or on the Information, Website, or Services;
- sublicense, sell, rent, lease, transfer, assign, or convey any rights under this
Agreement to any third party, or otherwise commercially exploit or profit from the
Information or content of the Website, or any portion thereof, in any manner whatsoever,
except as expressly permitted herein;
- 'frame' or ‘mirror’ any part of the Website without our prior written authorization;
- distribute any virus, worm or other similar or deleterious files, scripts or
- interfere with or disrupt any services or equipment with the intent of causing
an excessive or disproportionate load on the infrastructure including hardware and
software of TFOD™ or its licensors or suppliers;
- involve the preparation or distribution of junk mail, spam, chain letters, pyramid
schemes, or other deceptive or unsolicited bulk or commercial email.
- use any robot, spider, site search/retrieval application, or other manual or
automatic device or process to retrieve, index, ‘data mine’ the Website or in any
way reproduce or circumvent the navigational structure or presentation of the Website
or its contents, authentication and security measures;
- forge headers or otherwise manipulate identifiers in order to disguise the origin
of any submission;
- execute any form of network monitoring or run a network analyzer or packet sniffer
or other technology to intercept, decode, mine or display any packets used to communicate
between the Website's servers or any data not intended for you; and/or
- harvest or collect information about any Website visitors or members without
their express consent.
- Improper use of the Information, Services and Website may result in termination
of your access to and use of the Website, blacklisting of your email id and/or civil
or criminal liabilities.
VII. INTELLECTUAL PROPERTY RIGHTS
ISPL is the sole owner or lawful licensee of all the rights to the website and the
website content. The Future of DesignTM, TFOD™, SwagatamTM, WEBEXTM, Indian
SkylineTM, Virtual IdeasTM are duly registered Trademarks of Imap Systems Pvt. Ltd.
Website content generally means its design, layout, text, images, graphics, sound,
video etc. The website content embody trade secrets and intellectual property rights
protected under worldwide copyright and other laws.
- All title, ownership and intellectual property rights in the website and its
content other than those uploaded by third parties / users of the website including
but not limited to individuals, professionals, companies, products etc. shall remain
with TFOD™ and / or IMAP SYSTEMS PVT. LTD., exclusively and its affiliates,
licensees and sub-licensees of IMAP SYSTEMS PVT. LTD. , as the case may be.
- All responsibility and liability for any material uploaded by any user (s) (with
or without assistance of TFOD™ / ISPL), other than Imap Systems Pvt. Ltd will
remain with the respective user(s).
All rights, not otherwise claimed under this agreement or by TFOD™ /
IMAP SYSTEMS PVT. LTD., are hereby reserved. The information contained in this website
is intended, solely to provide general information for the personal use of the reader,
who accepts full responsibility for its use. TFOD™ / ISPL does not represent
or endorse the accuracy, timeliness, quality or reliability of any information,
or advertisements (collectively, the ‘content’) contained on, distributed through,
or linked, downloaded or accessed from any of the material / services contained
on this website, or the quality of any products, information or other materials
displayed, or obtained by you as a result of an advertisement or any other information
or offer in or in connection with the service.
We accept no responsibility for any errors or omissions, or for the results obtained
from the use of this information. All information in this website is provided ‘as
is’ with no guarantee of completeness, accuracy, quality, timeliness or of the results
obtained from the use of this information, and without warranty of any kind, express
or implied, including, but not limited to warranties of performance, merchantability
and fitness for a particular purpose. Nothing herein shall to any extent substitute
for the independent investigations and the sound technical and business judgment
of the user(s). In no event shall TFOD™ / ISPL be liable for any direct, indirect,
incidental, punitive, or consequential damages of any kind whatsoever with respect
to the services, the materials and the products on the website. User(s) of this
site must hereby acknowledge that any reliance upon any content shall be at their
The information presented here has been compiled from publicly aired and /or published
sources. TFOD™ / ISPL respects these sources and is in no way trying to infringe
on the respective copyrights or businesses of these entities. TFOD™ / ISPL
reserves the right, in its sole discretion and without any obligation, to make improvements
to, or correct any error or omissions in any portion of the service or the materials.
‘The Future of Design’TM, ‘TFOD™’. ‘WEBEX’TM, ‘Indian Skyline’TM, ‘Virtual
IDEAS’TM, ‘IMAP SYSTEMS.’TM, ‘SWAGATAM’TM, ‘Softlink’TM and related icons and logos
are registered trademarks or trademarks or service marks of ISPL in various jurisdictions
and are protected under applicable copyright, trademark and other proprietary rights
laws. The unauthorised copying, modification, use or publication of these marks
is strictly prohibited.
Nothing contained in this Agreement or the Website should be construed as granting,
by implication, estoppel, or otherwise, any license or right to use any Trademark(s)
without the express written permission of TFOD™ / ISPL.
All content on this website is the copyright of TFOD™ / ISPL except for the
third party content and link to third party website on our website.
TFOD™ / ISPL is not an expert in your intellectual property rights, and we
cannot verify that the users of our online audience - who post literally tens of
thousands of trade leads for items on the website each day - have the right to display
/ upload the images / goods offered or otherwise. We will appreciate your assistance
in identifying listings which may not appear on their face to infringe your rights
but which you believe are infringing. TFOD™ / ISPL is also not an arbiter
or judge of disputes about intellectual property rights. By taking down a listing,
as a prudential matter, TFOD™ / ISPL is not endorsing a claim of infringement.
Neither, in those instances in which ISPL declines to take down a listing, is ISPL
determining that the listing is not infringing, nor is ISPL endorsing the display
/ sale of services / goods in any case.
TFOD™ / ISPL respect the intellectual property rights of others, and we expect
our user(s) to do the same. We believe that user(s) agree that they will not copy,
download & reproduce any information, text, images, video clips, directories, files,
databases or listings available on or through the website (the ‘TFOD™ / ISPL
content’) for the purpose of re-selling or re-distributing, mass mailing (via email,
wireless text messages, physical mail or otherwise), operating a business competing
with TFOD™ / ISPL, or otherwise commercially exploiting the ISPL content.
Systematic retrieval of TFOD™ / ISPL content to create or compile, directly
or indirectly, a collection, compilation, database or directory (whether through
robots, spiders, automatic devices or even manual processes) without written permission
from ISPL is prohibited.
In addition, use of the content for any purpose not expressly permitted in this
Agreement is prohibited and may invite legal action. As a condition of your access
to and use of TFOD™ / ISPL's services, you agree that you will not use the
website service to infringe the intellectual property rights of others in any way.
TFOD™ / ISPL reserves the right to terminate the account of a user(s) upon
any infringement of the rights of others in conjunction with use of the TFOD™
/ ISPL service, or if ISPL believes that user(s)’s conduct is harmful to the interests
of TFOD™ / ISPL, its affiliates, or other users, or for any other reason in
TFOD™ / ISPL's sole discretion, with or without cause.
• TFOD™ Buttons, Links and Widgets
You may use the TFOD™ buttons, links and widgets displayed on the Website
- such buttons, links and widgets link only to the Website;
- you do not modify such buttons, links, widgets or associated code in any manner,
- you do not use any such buttons, links, widgets in any manner which implies
or suggests that TFOD™ operates, endorses, sponsors or recommends the website
on which such buttons, links and widgets are used, and
- the use of such buttons, links and widgets, and the website on which such buttons,
links and widgets are used do not violate the TFOD™ acceptable use policy
stated above. You acknowledge and agree that all rights in and to TFOD™ and
other trademarks listed above are our exclusive property, and any goodwill generated
by your use of any TFOD™ trademark will inure to our exclusive benefit. You
will not take any action that is in conflict with our rights in or ownership of
any above trademark. We retain the right to revoke the permission to use such buttons,
links and widgets at any time for any reason.
URL's/Sub-Domain Names assigned by ISPL to its users (which includes both paid and/or
free) is the exclusive property of TFOD™ / ISPL and it cannot be assumed to
be permanent in any case. TFOD™ / ISPL reserves the right, without prior notice,
at any point of time, to suspend or terminate or restrict access to or edit the
URL's/Sub domain names. IN SUCH CASE, TFOD™ / ISPL WILL NOT BE LIABLE TO ANY
PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING,
WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, MENTAL STRESS OR OTHERWISE.
VIII. LINKS TO THIRD PARTY SITES
Links to third party sites are provided by website as a convenience to user(s) and
TFOD™ / ISPL does not have any control over such sites i.e content, services
and resources provided by them.
TFOD™ / ISPL may allow user(s) access to content, products or services offered
by third parties through hyperlinks (in the form of word link, advertisement banners,
channels or otherwise) to such Third Party's website. You are cautioned to read
such sites' terms and conditions and/or privacy policies before using such websites
in order to be aware of the terms and conditions of your use of such sites. TFOD™
/ ISPL believes that user(s) has acknowledged that ISPL has no control over such
third party's site, does not monitor such sites, and TFOD™ / ISPL shall not
be responsible or liable to anyone for any such third party site, or any content,
products or services made available on such a site in any way. The user has agreed
to indemnify TFOD™ / ISPL from any consequences / liability arising out of
his use of third party links.
The fact that we offer such links does not indicate any approval or endorsement
by us of any linked website or any material contained on any linked website, and
we disclaim any such approval or endorsement.
This Agreement is effective from the date that you first access the Website or submit
any information to TFOD™, whichever is earlier, and shall remain effective
until terminated in accordance with its terms.
Most content and some of the features on the website are made available to visitors
free of charge. However, TFOD™ / ISPL reserves the right to terminate access
to certain areas or to all features of the website (to paying or free users) at
any time for any reason, with or without notice. TFOD™ / ISPL also reserves
the universal right to deny access to particular users to any/all of its services/content
without any prior notice/explanation in order to protect the interests of TFOD™
/ ISPL and/or other visitors to the website. TFOD™ / ISPL reserves the right
to limit, deny or create different access to the website and its features with respect
to different user(s), or to change any of the features or introduce new features
/ webpages without prior notice.
TFOD™ / ISPL withholds the right to temporary or permanent termination of
membership / use of any user for any of the following reasons:
- If it concludes that the user(s) have provided any false information in connection
with the member account to TFOD™ / ISPL, or are engaged in fraudulent or illegal
- The user(s) breach any provisions of the terms and conditions of use agreement
and/or Agreement of website.
- Utilize website to send spam messages or repeatedly publish the same product
information or upload incorrect / incoherent / indecent / improper information or
images on website.
- Post any material to members that is not related to international trade or business
- Impersonate or unlawfully use another companies name to post information or
conduct business of any form.
- Any unauthorized access, use, modification, or control of the website data base,
network or related services.
- Obtain by any means website member's user name and/or password.
- Post any material that does not belong to the user or for which the user does
not have any right.
If TFOD™ / ISPL terminates user(s)’s membership, user(s) will not have the
right to re-enroll or join TFOD™ under a new account or name unless formally
invited to do so by TFOD™ / ISPL. In any case of termination, no membership
charges will be refunded. User(s) acknowledge that inability to use the website
wholly or partially for whatever reason may have adverse effect on their business.
User(s) hereby agree that in no event shall the website be liable to the user(s)
or any third parties for any inability to use the website (whether due to disruption,
limited access, maintenance, changes to or termination of any features on the website
or otherwise), any delays, errors or omissions with respect to any communication
or transmission, or any damage (direct, indirect, consequential, circumstantial
or otherwise) arising from the use of or inability to use the website or any of
X. REGISTERED USER(S)
Access to certain functionalities of the Website will require you to register with
and/or provide certain information to TFOD™. We reserve the right to decline
to provide Services to any person for any or no reason.
If and when you register with or provide information to TFOD™, you agree to,
- provide accurate, current and complete information about yourself as prompted
(including your email address) and
- maintain and update your information (including your email address) to keep
it accurate, current and complete.
You acknowledge that, TFOD™ can verify in its own way correctness of the contact
information provided. If any information provided by you is found to be untrue,
inaccurate, not current or incomplete, we reserve the right to terminate this Agreement
and your use of the Website, Services, and / or Information. You understand that
any information you provide will be treated by TFOD™ in the manner described
To become a Registered User(s) there is a proper procedure which is for the convenience
of user(s) so that they can easily log-in and log-out.
User(s) can become a Registered User(s) by filling an on-line registration / signup
form on the website by giving desired information (username, email, nature of use,
expertise etc.). TFOD™ / ISPL will establish an account (‘Account’) for the
user(s) and send an activation link to the provided email id. Clicking on this activation
link open the login form for the user to enter his username and password to access
his / her account. Alternatively Login Id & password entered by the user may be
authorized by TFOD™ / ISPL, online / automatically. Website may or may not
assign user(s) upon registration a web-based email/message account with limited
storage space to send or receive email/messages. Users will be solely responsible
for the use and content of all the messages communicated through the Email/Mail
Account, as well as the consequences receipt / non receipt of any such message.
TFOD™ does not give any warranties or guarantees for continuous and / or uninterrupted
use of such mailing / messaging / chatting facility and user may use the facility
at their own risk and indemnify TFOD™ / ISPL from any liability of whatsoever
nature for such use.
TFOD™ / ISPL WILL NOT BE LIABLE TO ANY USER / MEMBER FOR ANY DIRECT, INDIRECT,
SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST
PROFITS, BUSINESS INTERRUPTION, MENTAL STRESS OR OTHERWISE.
If you register on behalf of a business entity, you represent that business entity
- you have the authority to bind the entity to terms and condition of use and
/ or this Agreement;
- the address you use when registering is the principal place of business of such
business entity; and
- all other information submitted to TFOD™ / ISPL during the registration
process is true, accurate, current and complete. For purposes of this provision,
a branch or representative office will not be considered a separate entity and its
principal place of business will be deemed to be that of its head office.
- In case the representative acting on behalf of a user Manufacturing Company
fails to maintain the company account on TFOD™ for any reason then in that
case, TFOD™ will be free to assign the control of that user company to the
newly designated representative of the company. TFOD™ will have discretion
to decide about the authenticity of the company’s claim / justification about account
The responsibility to keep the information accurate remains with the Company and
or its representative. The registering Company indemnifies TFOD™ / ISPL from
correctness of any information uploaded by themselves, their employees, associates,
dealers, distributors, agents or by TFOD™ / ISPL, on company profile or products,
on company’s behalf, whether such upload is assisted at a cost or otherwise, by
TFOD™ / ISPL or not.
By becoming a Registered User, you consent to the inclusion of your personal data
in our on-line database and authorize TFOD™ / ISPL to share such information
with other user(s) / associated websites. TFOD™ / ISPL may refuse registration
and deny the membership and associated User ID and Password to any user for whatsoever
reason. Website may suspend or terminate a Registered membership paid or otherwise
at any time without any prior notification in interest of TFOD™ / ISPL or
in general interest of its visitors / other members / users without giving any reason
Registered User are not a part or affiliate of TFOD™ / ISPL in any way.
XI. DATA PROTECTION
Personal information supplied by user(s) during the use of website is governed by
XII. POSTING YOUR CONTENT ON WEBSITE
Most of the content displayed on the website is provided or posted by third parties.
User(s) can post their content on some of the sections / services of the website
using the self-help submit and edit tools provided at the respective section. TFOD™
has tried to simplify the edit / upload process by giving help buttons on required
pages. User(s) may need to register and / or pay for some of these services.
TFOD™ / ISPL in such case is not the author. The content here is contributed
by anonymous, registered or paid user(s). Neither TFOD™ / ISPL nor any of
its affiliates, directors, officers, affiliates, associates, agents or employees
has entered into sale agency relationship with such third party by virtue of our
display of the Third Party Content on the website unless clearly specified otherwise.
Any Third Party content is the sole responsibility of the party who has provided
the content. TFOD™ / ISPL is not responsible for the accuracy, propriety,
lawfulness or truthfulness of any Third Party content, and shall not be liable to
any user(s) in connection with his / her reliance on such Third Party content. In
addition, TFOD™ / ISPL is not responsible for the conduct of user(s) activities
on the website, and shall not be liable to any person in connection with any damage
suffered by any person as a result of any such user's conduct.
Art and Design professionals may choose to register with TFOD™ as a professional
and create a professional profile on TFOD™. Subject to and conditioned on
compliance with all of the terms of this Agreement, such users are permitted to
use the professional account / profile features / uploads offered by TFOD™
to promote their skills / expertise / business / achievements / creations for education
purposes or otherwise. All such TFOD™ features professional or otherwise are
subject to discontinuance or change at any time. All of the terms and conditions
of this Agreement apply to your use of any such professional account and profile,
including without limitation, maintaining profile information, uploading or other
posting of Content, posting of Reviews, use of TFOD™ buttons, links and widgets,
and indemnification obligations. .
By posting or providing any Content on the Website, you represent and warrant to
TFOD™ / ISPL that you own or have the right to use and permit us to use and
license such content in the manner stated in this Agreement. By way of example and
not limitation, if you post or otherwise provide a photograph which includes an
image of any person, you need to first obtain permission or a release from such
person appearing in the photograph to use their image and permit us to use and license
it as stated in this Agreement and you must be the owner or licensee of the copyright
in the photograph, with the right to permit us to use it as stated in this Agreement.
By way of further example and not limitation, if you post or otherwise provide a
photograph of a pictorial, graphic, sculptural or architectural work that is protected
by copyright, you need to first obtain permission or a release from the owner of
the copyright in such work to reproduce and adapt their work and permit us to use
it as stated in this Agreement and you must be the owner or licensee of the copyright
in the photograph, with the right to permit us to use it as stated in this Agreement.
User(s) solely represent, warrant and agree to:
- provide TFOD™ / ISPL with true, accurate, current and complete information
within their right to be displayed on the website and
- maintain and promptly amend all information to keep it true, accurate, current
User(s) hereby grant an irrevocable, perpetual, worldwide and royalty-free, sub-licensable
(through multiple tiers) license to TFOD™ / ISPL to display, share and use
all information, content uploaded / provided by them in accordance with the purposes
set forth in agreement and to exercise the copyright, publicity, and database rights
you have in such material or information, in any form of media, third party copyrights,
trademarks, trade secret rights, patents and other personal or Intellectual proprietary
rights affecting or relating to material or information displayed by you on the
website, including but not limited to rights of personality and rights of privacy,
or affecting or relating to content / products that are uploaded / offered or displayed
on the website (hereafter referred to as ‘Third Party Rights’).
User(s) hereby represent, warrants and agree that user(s) shall be solely responsible
for ensuring that any material or information they post on the website or provide
to website or authorise the website to display, does not, and that the images /
products represented thereby do not, violate any Third Party Rights, or is posted
with the reasonable / explicit permission of the owner(s) of such rights. User(s)
hereby represent, warrant and agree that they have the right to manufacture, offer,
sell, import and distribute the products offered and displayed on the website, and
that such manufacture, offer, sale, importation and / or distribution of those products
violates no Third Party Rights.
User(s) hereby represent, warrant and agree that information submitted to TFOD™
/ ISPL for display on the website will not:
- Contain fraudulent information or make fraudulent offers of items or involve the
display / sale or attempted sale of counterfeit or stolen items or items whose sales
and / or marketing is prohibited by applicable law, or otherwise promote other illegal
- Upload any incorrect information pertaining to his/her/their profile, products,
services, work displays, technical information etc.
- Be part of a scheme to defraud other User(s) of the website or for any other unlawful
- Relate to upload / sale of products or services that infringe or otherwise abet
or encourage the infringement or violation of any third party's copyright, patent,
trademarks, trade secret or other proprietary right or rights of publicity or privacy,
or any other Third Party Rights;
- Violate any applicable law, statute, ordinance or regulation (including without
limitation those governing export control, consumer protection, unfair competition,
anti-discrimination or false advertising);
- Be defamatory, libelous, unlawfully threatening or unlawfully harassing;
- Be obscene or contain or infer any pornography or sex-related merchandising or any
other content or otherwise promotes sexually explicit materials or is otherwise
harmful to minors;
- Promote discrimination based on race, caste, sex, religion, nationality, disability,
sexual orientation or age;
- Contain any material that constitutes unauthorized advertising or harassment (including
but not limited to spamming), invades anyone's privacy or encourages conduct that
would constitute a criminal offense, give rise to civil liability, or otherwise
violate any law or regulation;
- Solicit business from any User(s) in connection with a commercial activity that
competes with TFOD™ / ISPL;
- Contain any computer viruses or other destructive devices and codes that have the
effect of damaging, interfering with, intercepting or expropriating any software
or hardware system, data or personal information;
- Link directly or indirectly to or include descriptions of goods or services that
are prohibited under the prevailing law; or
- Otherwise create any liability for TFOD™ / ISPL or its users and / or affiliates.
TFOD™ / ISPL reserves the right in its sole discretion to remove any material
/ content / photos / offers displayed on the website without giving any notice,
which it reasonably believes is unlawful, could subject TFOD™ / ISPL or its
user(s) to any liability, violates the terms and conditions and / or Agreement or
is otherwise found inappropriate in TFOD™ / ISPL's opinion. Website reserves
the right to cooperate fully with Governmental Authorities, private investigators
and / or injured third parties in the investigation of any suspected criminal or
In connection with any of the foregoing, website may suspend or terminate the account
of any user without notice as website deems appropriate in its sole discretion.
User(s) agree that website shall have no liability to any User(s), including no
liability for consequential or any other damages, in the event website takes any
of the actions mentioned in this Section, and that you agree to bear the risk that
website may take such actions. Website acts as a content integrator and is not responsible
for the information provided by user(s) to be displayed on the website. TFOD™
/ ISPL does not have any role in developing the content and user indemnifies TFOD™
/ ISPL for any kind of losses incurred due to any kind of use / nonuse of any information
provided on the website.
XIII. INTERACTION BETWEEN USERS
TFOD™ / ISPL only provides an on-line platform for exchanging information
between architects, designers, artists, students, users, buyers and suppliers of
products and services. Website does not represent the seller or the buyer in any
specific transactions unless specified otherwise. Website does not control and is
not liable to or responsible for the quality, safety, lawfulness or availability
of the information / products or services offered for display / sale on the website
or the ability of the suppliers, consultants / contractors or manufacturers to complete
a delivery / sale or the ability of buyers to complete a purchase. User(s) are cautioned
that there may be risks of dealing with foreign nationals or people acting under
false pretenses. Website may use several techniques to verify the accuracy and authenticity
of the information our user(s) provide us. However, since verification is not possible
in all cases and is not 100% fool-proof, TFOD / ISPL cannot and does not confirm
each user(s) purported identity (including, without limitation, Members). TFOD™
/ ISPL urges / encourages user(s) to use various tools available on the website
and / or otherwise, as well as common sense, to evaluate / verify in their own possible
way, the user(s) with whom they would like to deal / interact / transact with.
User(s) acknowledge that user(s) fully assume the risks of association, purchase
and sale transactions when using the website information to conduct transactions,
and that user(s) fully assume the risks of liability or harm of any kind in connection
with subsequent association, communication or activity of any kind relating to information
/ products or services that are the subject of any kind of transactions using the
Such risks shall include, but are not limited to, mis-representation of information
/ products and services, fraudulent schemes, unsatisfactory quality, failure to
meet specifications, defective or dangerous products, unlawful products, delay or
default in delivery or payment, cost mis-calculations, breach of warranty, breach
of contract, impersonation and transportation accidents. Such risks also include
the risks that the manufacture, import, distribution, offer, display, purchase,
sale and / or use of products or services offered or displayed on the website may
violate or may be asserted to violate Third Party Rights, and the risk that you
may incur costs of defense or other costs in connection with third parties' assertion
of Third Party Rights, or in connection with any claims by any party that they are
entitled to defense or indemnification in relation to assertions of rights, demands
or claims by Third Party Rights claimants. Such risks also include the risks that
consumers, other purchasers, end-users of products or others claiming to have suffered
injuries or harms relating to product / services originally obtained by user(s)
of the website as a result of purchase and sale transactions in connection with
using the website may suffer harms and/or assert claims arising from their use of
such products. All of the foregoing risks are hereafter referred to as ‘Transaction
User(s) agree that TFOD™ / ISPL shall not be liable or responsible for any
damages, liabilities, costs, harms, inconveniences, mental stress, business disruptions
or expenditures of any kind that may occur/arise as a result of or in connection
with any association / Transaction Risks. User(s) are solely responsible and liable
for all of the terms and conditions of the transactions conducted on, through or
as a result of use of the website, including, without limitation, terms regarding
payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses,
fines, permits, handling, transportation and storage. In the event of a dispute
with any party to a transaction, user(s) agrees to release and indemnify TFOD™
/ ISPL (and our agents, affiliates, directors, officers and employees) from all
claims, demands, actions, proceedings, costs, expenses and damages (including without
limitation any actual, special, incidental or consequential damages) arising out
of or in connection with such transaction. User(s) may use the content / features
on website solely for their personal or internal purposes. User(s) agree that they
will not use TFOD™ / ISPL database and / or services to send junk mail, chain
letters or spamming or the transmission of any unlawful, harassing, libelous, abusive,
threatening, harmful, vulgar, obscene or otherwise objectionable material of any
kind or nature. Further, as a Registered User, user(s) will not publish, distribute,
transmit or circulate any unsolicited advertising or promotional information or
any content that is obscene, indecent, seditious, offensive, defamatory, threatening,
or which incites or results in causing racial hatred, discrimination, menace or
breach of confidence to other TFOD™ / ISPL members / users. .
XIV. LIMITATION OF LIABILITY/DISCLAIMER
The features and services on the website are provided on an ‘as is’, ‘with all faults’
and ‘as available’ basis, and website hereby expressly disclaims any and all warranties,
express or implied, including but not limited to any warranties of condition, quality,
durability, performance, accuracy, reliability, merchantability or fitness for a
particular purpose. All such warranties, representations, conditions, undertakings
and terms are hereby excluded. TFOD™ / ISPL makes no representations or warranties
about the validity, accuracy, correctness, reliability, quality, stability, completeness
of any information provided on or through the website. TFOD™ / ISPL does not
represent or warranty that the manufacture, import, distribution, offer, display,
purchase, sale and / or use of products or services offered or displayed on the
website does not violate any third party rights; and TFOD™ / ISPL makes no
representations or warranties of any kind concerning any product or service offered
or displayed on the website. Any material downloaded or otherwise obtained through
the website is done at your sole discretion and risk and you are solely responsible
for any damage to your computer system or loss of data that may result from the
download of any such material. No advice or information, whether oral or written,
obtained by you from website or through or from the website shall create any warranty
not expressly stated herein.
Third-Party Products and Services : Descriptions or images of, or references to,
third-party products, services or publications on the Website do not imply our endorsement
of such products, services and publications, and we are not responsible for, and
disclaim any endorsement of, any such product, service or publication.
Comments are solely the opinions of the users that post them and none of the comments
contain or reflect any opinions or views of TFOD™.
Under no circumstances shall website be held liable for any delay or failure or
disruption of the content or services delivered through the website resulting directly
or indirectly from acts of nature, forces or causes beyond its reasonable control,
including without limitation, Internet failures, computer, telecommunications or
any other equipment failures, electrical power failures, strikes, labor disputes,
riots, insurrections, civil disturbances, shortages of labor or materials, fires,
flood, storms, explosions, Acts of God, natural calamities, war, governmental actions,
orders of domestic or foreign courts or tribunals or non-performance of third parties.
User(s) hereby agree to indemnify and save website, its affiliates, directors, officers
and employees harmless, from any and all losses, claims, liabilities (including
legal costs on a full indemnity basis) which may arise from your use or non-use
of the website (including but not limited to the display of your information on
the website) or from your breach of any of the terms and conditions of this Agreement.
User(s) hereby further agree to indemnify and save website, TFOD™ / ISPL,
its affiliates, directors, officers and employees harmless, from any and all losses,
claims, liabilities (including legal costs on a full indemnity basis) which may
arise from your breach of any representations and warranties made by you to website
User(s) hereby further agree to indemnify and save website, TFOD™ / ISPL,
its licensors, suppliers, agents, associates, affiliates, directors, officers and
employees harmless, from any and all losses, claims, liabilities (including legal
costs on a full indemnity basis) which may arise, directly or indirectly, as a result
of any claims asserted by Third Party Rights claimants or other third parties relating
to information/ content / products / services offered or displayed on the website.
User(s) hereby further agree that website is not responsible and shall have no liability
to it, for any material posted by others / users, including defamatory, offensive
or illicit material and that the risk of damages from such material rests entirely
with you. Website reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you, in
which event you shall cooperate with website in asserting any available defenses.
Website shall not be liable for any special, direct, indirect, punitive, incidental,
current , future or consequential damages or any damages whatsoever (including but
not limited to damages for loss of profits or savings, time, business interruption,
loss of information), whether in contract, negligence, tort, strict liability or
otherwise or any other damages resulting from any of the following:
- The use or the inability to use the website;
- Any defect in goods, samples, data, information or services purchased or obtained
from a User(s) or a third-party service / information / product provider through
- Violation of Third Party Rights or claims or demands that User(s) manufacture, importation,
distribution, offer, display, purchase, sale and/or use of products or services
offered or displayed on the website may violate or may be asserted to violate Third
Party Rights; or claims by any party that they are entitled to defense or indemnification
in relation to assertions of rights, demands or claims by Third Party Rights claimants;
- Unauthorized access by third parties to data or private information of any User(s);
- Statements or conduct of any User(s) of the website; or
- Any matters relating to Premium Services however arising, including negligence.
All notices or demands to or upon website shall be effective if in writing and shall
be duly made when sent to ISPL in the following manner: to IMAP SYSTEMS PVT. LTD,
11, Ganesh, New Shopping Centre, Govt. Colony, Bandra (E), Mumbai 400 051, INDIA.
All notices or demands to or upon a User(s) shall be effective if either delivered
personally, sent by courier, certified mail, by facsimile or email to the last-known
correspondence, fax or email address provided by the User(s) to website, or by posting
such notice or demand on an area of the website that is publicly accessible without
a charge. .
Notice to a User(s) shall be deemed to be received by such User(s) if and when website
is able to demonstrate that communication, whether in physical or electronic form,
has been sent to such User(s), or immediately upon website's posting such notice
on an area of the website that is publicly accessible without charge.
XVII GOVERNING LAW AND DISPUTE RESOLUTIONS
all respect by the laws of Indian Territory. TFOD™ / ISPL considers itself
and intended to be subject to the jurisdiction only of the Courts of Mumbai, Maharashtra,
India. The parties to this Agreement hereby submit to the exclusive jurisdiction
of the courts of Mumbai, Maharashtra, India.
- Headings are for reference purposes only and in no way define, limit, construe or
describe the scope or extent of such section.
- Website's failure to enforce any right or failure to act with respect to any breach
by a User(s) under these terms and conditions will not waive that right nor waives
TFOD™ / ISPL's right to act with respect with subsequent or similar breaches.
- Website shall have the right to assign its obligations and duties in this Agreement
and in any agreement relating to any / all of its Services to any person or entity.
- If any provision of the Terms and Conditions of use and / or Agreement is held to
be invalid or unenforceable, such provision shall be struck and the remaining provisions
shall be enforced. The above mentioned Terms and Conditions of use and / or Agreement
/ ISPL with respect to access to and use of the website, superseding any prior written
or oral agreements in relation to the same subject matter herein.
Web : www.imapsystems.com
Email : email@example.com