Terms of Use

Following are the Terms of Use (the “Agreement”) applicable to Creative Genes(.in) (the “Website”) effective from February 13, 2013. The Agreement is a legally binding contract between Creative Genes(.in) and anyone who accesses or uses this Website (“Viewer”).

The Website can be viewed subject to Viewer’s acceptance without modification of any of the terms and conditions contained in this Agreement. By accessing or using any part of this Website, the Viewer agrees to be bound by the terms and conditions of the Agreement as such terms and conditions may be modified by the Website owner (the “Owner”) from time to time as per his sole discretion. IN THE SITUATION OF THE VIEWER NOT AGREEING TO ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT WITHOUT MODIFICATION, VIEWERS ARE REQUESTED NOT TO USE THE WEBSITE. Viewer’s continued access or use of the Website following any alteration to the Agreement constitutes Viewer’s acceptance of those alterations or modification of the terms.

COPYRIGHT

The Website and all the images, logos, captions and other materials on this Website, including the “look and feel” of the Website (collectively “Web Content”), are the exclusive intellectual property of Creative Genes(.in) and/or other artists whose work may be represented herein. The work is protected under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License applicable to India as well as states beyond the Indian territorial waters. Unauthorized reproduction, republication, distribution, display, transmission, sale, or any other use and/or duplication of any material available on this Website, without express and written approval from the Website Owner is  a violation of Copyright Laws.

If you wish to request permission to use any Website Content, kindly email your request to the Owner at vivekverma0909@gmail.comYou can also seek permission by contacting the Owner on +91 73488 18136 / 99807 80217.

COPYRIGHT INFRINGEMENT BY CREATIVE GENES(.IN)

The Website Owner respects the intellectual property rights of others (the “Claimant”) whose work might allegedly be infringed by Creative Genes(.in). If the Claimant believes that any material on the Website infringes upon their copyright, they may notify the Owner through an email at vivekverma0909@gmail.com. The notice of the Claimant should include (a) a description of the copyrighted work that the Claimant alleges to have been infringed; (b) the URL where the allegedly infringing Website Content is located; (c) Claimant’s full name, postal address, telephone number, and email address; (d) a statement that the Claimant have a bona fide belief that the use of the allegedly infringing material on Creative Genes(.in) is not authorized; (e) the Claimant’s physical or electronic signature; and (f) a statement that the Claimant is the copyright owner or an authorized agent of the copyright owner.

WARRANTIES AND DISCLAIMER:

The Website may contain material that may be offensive or otherwise objectionable. It may also have technical inaccuracies, typographical mistakes, and other inadvertent errors. The Owner disclaim any liability or responsibility for any harm resulting from the use or access of this Website. The Website and all its Web Content are provided “AS IS” to the fullest extent permitted by Indian law which means that the Owner do not warrant that the Website or the Web Content are (a) fit for any particular purpose; (b) uninterrupted or error-free; or (c) free of defamatory, offensive, or illegal material or defects such as viruses, malfunctions, or harmful components that could damage or allow unauthorized access to the Viewer’s computer, network, or any mobile device. THE OWNER HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WHAT SO EVER, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE VIEWER FROM THE WEBSITE OR AT OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY OR IMPLIEDLY MADE HEREIN. THE OWNER MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHICAL LOCATIONS.

LIMITATION  OF LIABILITY:

NEITHER THE OWNER NOR ANY OF THE OTHER AUTHOR OR MEMBER OR AGENT (OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE OR WEB CONTENT INCLUDING, BUT NOT LIMITED TO, (A) DAMAGES CAUSED BY DEFAMATORY, OFFENSIVE, OR ILLEGAL MATERIAL, (B) DAMAGES CAUSED BY VIRUSES, MALFUNCTIONS, OR HARMFUL COMPONENTS ACCESSED THROUGH THE SITE, AND (C) DAMAGES FOR LOST PROFITS, LOSS OF DATA, OR OTHER INTANGIBLES EVEN THOUGH FORESEEABLE OR HAD BEEN ADVISED AGAINST.

INDEMNIFICATION:

The Viewer hereby agrees to indemnify, hold harmless, and release the Owner or any of the other author or member or agent (and their respective successors and assigns) from and against any and all claims, damages, costs, and expenses including, but not limited to, reasonable attorney’s fees arising from or related to the Viewer’s access, use, or misuse of the Website.

GUEST LINKS:

The Website may include links to other websites that are not owned or operated by Creative Genes(.in). The Website Owner does not have any control over these third party websites (the “Guest Links”) and is not responsible for any information, functionality, or content accessed through the Guest Links. Guest Links do not represent or imply the Website’s endorsement of such third party websites. The Viewer is responsible for taking the necessary precautions to protect themselves and their computer from viruses, bugs, and other harmful or destructive content that may be accessible through Guest Links. The Owner disclaims any responsibility for any harm resulting from the Viewer’s use of these Guest Links.

ALTERATION OF TERMS:

The Owner reserves the right, in his sole discretion, to alter, modify or replace any part of the Agreement. The responsibility for being informed of such alteration, modification or replacement of terms, solely falls on the Viewer. The Viewers are hereby advised to check the Agreement periodically for any such alterations or modifications which may be made by the Owner. The Owner may also, at any time and for any reason what so ever  in his sole discretion, modify or discontinue the Website or Web Content or terminate or restrict the Viewer’s access to the Website.

MISCELLANEOUS:

The Agreement shall be interpreted, construed and enforced in accordance with the laws applicable in India without regard to conflict/choice of law principles. In a situation where any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed from the remaining Agreement, which shall remain in full force and effect. No waiver of any breach or default of the Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in this Agreement should not be used for any interpretative purposes as these are for mere convenience of the Viewer.

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