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TERMS OF USE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF WEBSITE USE AGREEMENT CAREFULLY

Welcome to the ‘The Future of Design’™. website www.TFOD™.in henceforth called TFOD™. These Terms of Use mentioned in the Agreement (‘Agreement’) 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 interests.

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 our ‘Privacy Policy’ (which can be accessed at www.tfod.in/privacy_policy.aspx) 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 in totality.

If you do not agree to or wish to be bound by agreement, you should not access or otherwise use the website.

I. Ownership

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

IX. Termination

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

XV Indemnification

XVI. Notices

XVII. Governing Law and Disputes Resolutions

XVIII. General/Miscellaneous

I. OWNERSHIP

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 herein.
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 programming routines;
  • 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 sole risk.

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.

Trademark

‘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.

• Copyright

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 provided that

  • 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

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.

IX. TERMINATION

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 activities.
  • 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 cooperation.
  • 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 its features.

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 in our Privacy Policy, which can be found at www.tfod.in/privacypolicy.

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 and

  • 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 use.

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 thereof.

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 TFOD™ / ISPL's privacy policy. Every user is expected to have read, understood and agreed to the privacy policy before using the website.

Please click here to know about our privacy policy.

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 and complete.

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 activities;
  • 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 purpose,
  • 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 civil wrongdoing.

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 website.

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 Risks’. .

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

XV. INDEMNIFICATION

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 the website;
  • 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.

XVI NOTICES

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

Terms and Condition of use Agreement and/ or Privacy Policy shall be governed in 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.

XVIII MISCELLANEOUS

  • 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 and the Privacy Policy constitute the entire agreement between the User(s) and TFOD™ / 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 : info@imapsystems.com

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