PLEASE READ OUR “LICENSING TERMS” TO UNDERSTAND THE MANNER OF USE OF THE CONTENT POSTED ON THE WEBSITE.
- This Website www.indievisual.in is owned, operated and maintained by High Giraffe Media Private Limited (“Company”), an existing ‘company’ as defined under the Companies Act, 2013 and having its registered office at B1/H3, Ground Floor, Mathura Road, Mohan Co-Operative Ind. Area, Delhi – 110044, India.
- IMPORTANT TERMS
- ABOUT THE WEBSITE
- This Website has been set up by the Company as an electronic platform for sale of photographs, images, vectors, moving images, animations, films, videos, audiovisual works and other media together with any associated keywords, metadata or titles (“Content”) of various creators (“Creators”) to end-customers (“Users”). The Website (a) provides a platform for Users purchase various Content of Creators; (b) allows Users to avail such other services as are incidental and ancillary thereto (“Services”).
- MEMBERSHIP ELIGIBILITY
- Competence to contract: Use of the Website is available only to those individuals and who can form legally binding contracts under Applicable Law in their respective jurisdictions. Persons who are “incompetent to contract” as per Applicable Law in their jurisdictions are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not use the Website. As a minor if you wish to use the Website, such use may be made by your legal guardian or parents on your behalf on the Website. Company reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Company’s notice or if it is discovered that you are under the age of 18 years or incompetent to contract.
- Authorization: In case You are registering as a business or a corporate entity, you represent that You are duly authorized by the business / corporate entity as applicable to accept this Agreement and You have the authority to bind that business / corporate entity to this Agreement.
- USER REGISTRATION
- The Company may require Users to fill an online form and register themselves on the Website to purchase Content or avail all or any of the services rendered on the Website. Company may require Users to provide all information, and submit all documents as may be required for registration of the User on Website or for availing any Service on the Website (“Registration Information”).
- You agree to:
- provide true, accurate, correct and complete Registration Information; and
- maintain and promptly update the Registration Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate any and all of your current or future use of the Website and/or Services.
- Upon successful registration to use the Services, your Account would be activated. You agree and understand that you will be solely responsible for maintaining the confidentiality and security of your password which, together with your login ID, allows you to access the Website and/or Services. You agree to accept responsibility for all activities that occur under your account or password. If you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner, you agree to promptly notify the Company at the customer service helpdesk, the details of which are available on the Website.
- By providing us with your email address and mobile number, you agree to receive all required notices and information electronically, on that email address or mobile number. It is your responsibility to update any changes to your email address and mobile number. If you become aware of any unauthorized use of your Registration Information, you agree to notify Company immediately at the customer service helpdesk, the details of which are available on the Website. Company shall not be liable for any unauthorized use or access, unless it is proved that the unauthorized use or access occurred solely due to reasons directly attributable to Company.
- PRICING PLANS AND PAYMENT RELATED INFORMATION
- Pricing Plans and Payment:
- Content Credits can be purchased from the Pricing Plans page provided on the Website. Content Credits can be purchased online through credit cards, debit cards, netbanking, E-wallets or mobile payment system.
- By approving the purchase of the Content Credits, you authorize the Company to charge the designated credit cards, debit cards, E-wallets, mobile payment system or bank account, for the total amount of the purchase. You are responsible for all applicable taxes and any applicable third party fees (including but not limited to credit card fees, foreign exchange fees and cross border fees.)
- Content Credit Refunds: Refunds for Content Credit purchases will be made within 30 days of your invoice date, provided that you have not used any Content Credits from the relevant package.
- Single File Content Refunds: Refunds Single File Content will only be considered based on technical issues with the Content file at the sole discretion of the Company or in case of any third party infringement due to the relevant Content file.
- All requests for refunds/cancellations must be made in writing or through the website. If the request is approved, the Company will issue a credit to the same designated credit cards, debit cards, E-wallets, mobile payment system or bank account used to purchase the Content Credit. In the event of cancellation, your rights to use the Content shall immediately terminate, and you must delete or destroy any copies of the Content.
- Limits on payments: The Company may have existing arrangements with its banks, regarding limits on the amounts You can pay (if You are a buyer) in the course of a single transaction. The Company will work towards ensuring that You are made aware of such limits if they may be applicable to You. However, the Company shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of You having exceeded the preset limit mutually agreed by the Company with its bank from time to time.
- USE OF THE WEBSITE
- You agree, undertake and confirm that Your use of the Website shall be strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which You do not have any right ;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- is misleading in any way;
- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Website;
- solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
- interferes with another User’s use and enjoyment of the Website or any other individual’s User and enjoyment of similar services;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
- violates any law for the time being in force;
- deceives or misleads the addressee/ Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- is false, inaccurate or misleading;
- creates liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers.
- You shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any Content, the dealing of which is prohibited or restricted in any manner under the provisions of any Applicable Law, rule, regulation or guideline for the time being in force.
- You will not download (other than for page caching) or modify any portion of the Website except with prior consent of the Company;
- You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You will not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
- You shall not make any, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms the Company, or otherwise engage in any conduct or action that might tarnish the image or reputation, of the Company or Creators on platform or otherwise tarnish or dilute any the Company’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or the Company’s systems or networks, or any systems or networks connected to the Company.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
- You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message You send to Us on or through the Website or any service offered on or through the Website. You will not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service, purchase, solicitation of offers to purchase of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any Applicable Law including exchange control laws or regulations for the time being in force.
- Unauthorized use by other Users: It is possible that other Users (including unauthorized Users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
- Denial of services: the Company shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way, on your own or through group/s of people, intentionally or unintentionally, in DoS/DDoS (Distributed Denial of Services).
- SOFTWARE LICENSE
The use of the Website in the form of any mobile application, software etc. (
“Software”) shall be subject to the following additional conditions:
- The User shall not use, copy, reproduce, display, deploy, perform, distribute, transmit, make available, create derivative works of the Software. The User will not and shall not permit or procure any third party to reverse engineer, disassemble or decompile any Software.
- You will not incorporate any part of the Software into its own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part.
- You will comply with any additional terms are as embedded within the Software.
- The Company may periodically provide updates or upgrades to the Software. You are responsible for installation of the Software or any updates or upgrades to the same on timely basis.
- INTELLECTUAL PROPERTY RIGHTS
- The Website processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, “Website Content”) on the Website is owned and controlled by the Company or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Website Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in respect of such Website Content. the Company reserves the right to change or modify the Website Content from time to time at its sole discretion.
- The trademark, logos and service marks displayed on the Website (“Marks”) are the property of the Company or Creator or respective third parties. You are not permitted to use the Marks without the prior consent of the Company, the Creator or the third party that may own the Marks.
- Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, the Company owns all intellectual property rights to and into the trademark “IndieVisual”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, icons, and hyperlinks.
- Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Website Content through any medium without obtaining the necessary authorization from the Company or third party owner of such Website Content.
- THIRD PARTY INFORMATION
- The Content posted on the Website is owned by third parties. The Company has no liability towards such Content displayed on the Website. All usage rights and restrictions for the Content that you license from the Website is subject to our Licensing Terms.
- General third party information such as, Content description and specification, and other data from external sources is made available on the Website (“Third Party Information”). Unless explicitly mentioned, all Third Party Information is provided on an ‘As Is’ basis. The Company does not own/ have the rights and title to any such Third Party Information, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Information. The Company shall not be held liable for any loss suffered by you based on Your reliance on or use of such Third Party Information.
- DISCLAIMER OF WARRANTIES AND LIABILITY
- All the materials and Content (including but not limited to software) and services, included on or otherwise made available to You through this Website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, the Company does not warrant that:
- This Website will be constantly available, or available at all times; or
- The information on this Website is complete, true, accurate or non-misleading.
- The Company will not be liable to You in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website. the Company does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
- Nothing on the Website constitutes, or is meant to constitute, advice of any kind.
- You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
- You hereby express release the Company and its directors, officers, employees, agents, affiliates etc. from any cost, damage, liability or other consequence of any of the actions / inactions of the Creators and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
- LIMITATION OF LIABILITY
- PROFANITY POLICY
- The Company prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.
- If a feedback, comment or any communication made between Users on the Website; or email communication between Users in relation to transactions conducted on Website contains any profanity, please submit a request for action / removal of the same.
- The Company will consider the circumstances of an alleged policy violation and the User’s trading records before taking action.
- Violations of this policy may result in a range of actions, including:
- Limits placed on account privileges;
- Loss of special status;
- Account suspension
- TERMINATION FOR VIOLATIONS
- PRODUCT DESCRIPTION
The Company does not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard. Further, the Company may limit, restrict or suspend the access of any User to the Website for carrying out any repairs, maintenance or for introduction of any facilities or services at any time without prior notice.
- FORCE MAJEURE
- GOVERNING LAW AND JURISDICTION
- GRIEVANCE OFFICER
In compliance with Information Technology Act, 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Name: Prashant Pavithran
Phone: +91 88899 43210
Time: 0900-1200 hrs
- MITIGATION OF DISPUTES
In case of a dispute where the Company is unable to provide a refund, the Company will proactively act towards reaching a resolution.
The User can write to the Company at firstname.lastname@example.org if any issue is not resolved to the satisfaction of the User. The Company’s Customer Support team will look into the case and facilitate reaching a resolution.
- FEEDBACK AND INFORMATION
- Feedback: Any feedback You provide on or in relation to this Website shall be deemed to be non-confidential. The Company shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain Your confidential or proprietary information or of third parties; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Company may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances.
- Rights of the Company on feedback received from Users: To clarify, the Company may at its discretion, make any modifications or changes to the Website, Content and /or Services on the basis of such feedback. However, the Company shall not be obliged to do so. Further, in the event that the Company makes any changes or modifications to the Website, Content and /or Services on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the Website, Content and / or Services, and assign to the Company, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, content and /or Services, in perpetuity.
- Waiver: No failure or delay by a party in exercising any right, power or remedy shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy.
- Principal to principal relationship: You and the Company are independent parties, and nothing contained herein shall constitute or be deemed to constitute an agency or partnership or joint venture between the parties.
Last updated on 01 November 2021.