Usage Agreement
The following is a legal agreement between customer and our company Cliqnclix. By using the Website, you signify your acceptance of the terms of this Agreement. If you do not agree with the Terms of use, please do not use our Site, not use the files herein, and/or not subscribe to this service. We reserve the rights to change this agreement at any time without further notice.
Use of this Site
This site is owned and operated by Cliqnclix and is intended for customers of Cliqnclix. It has high resolution pre clicked photographs being available for use against a payment. In addition, size displayed in price slabs and product page are approximate. Moreover,actual product image size can be different from the price slabs size and product page size slab. You are specifically prohibited from downloading, copying, or re-transmitting any or all of the Cliqnclix content without, or in violation of, a written license or agreement with Cliqnclix. The user shall be duty bound to take all necessary steps as are required under the law :-
(a) downloading, copying, or re-transmitting any or all of the Website Content without, or in violation of, a written license or agreement with Cliqnclix.
(b) Using any data mining, robots or similar data gathering or extraction methods.
(c) Manipulating or otherwise displaying the Website Content by using framing, linking, meta-tag or similar navigational technology.
(d) Using the Website Content other than for its intended purpose. Such as unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, publicity and privacy laws, moral rights, and applicable communications regulations and statutes.
(e) Unless you enter into a license agreement with Cliqnclix you may not download, distribute, display and/or copy any Cliqnclix Content.
(f) You may not remove any watermarks or copyright notices contained in the Cliqnclix.
You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, copyright, trademarks, patent, privacy, and the transmission of technical data exported from India or the country in which you reside. You further warrant that you will not interfere with the security of, or otherwise abuse this Website or any system resources, services or networks connected to or accessible through this Website. You are allowed to use this Website only for lawful purposes and activities.
Intellectual Property Rights
Cliqnclix is the sole owner and lawful licensee of all the rights to the Website and its Content. All materials on this Website, including, but not limited to design, layout, images, text, graphics, trademarks, patents Cliqnclix Content are the property of Cliqnclix and are protected by all the applicable laws, including, but not limited to copyright, trademark, trade-names, patents, internet domain names, data protection, IT Act, privacy and publicity rights and other similar rights and statutes. Use of any Cliqnclix Content without the express written permission and license to use is strictly prohibited. All title, ownership and intellectual property rights in the Website and its Content shall remain with Cliqnclix, its affiliates or licensor’s, as the case may be and does not pass on to you or your representatives.
Registering for an Account
In order to use certain Services, the User must register, creating a username and password and activating an account. To this end, the User must provide a valid email address where the User will receive notifications related to the Services. If the User is a legal entity or business, its username must be its full name or corporate name and the person registering on behalf of the legal entity or business declares that he/she is duly authorized to bind such legal entity or business and that such legal entity or business shall be bound to these Terms.
The User agrees to provide the mandatory information required for registration and also acknowledges that such information is true, complete and up to date. The User is solely responsible for keeping such information updated. Should the User provide false, outdated or incomplete information, or should the Company have reasons to suspect it, the Company reserves the right to suspend or cancel the User’s account.
The User must protect and keep the account password confidential and must not disclose it to third parties. The User must neither allow other Users to access the Services through the User’s account nor use the account of another User to access the Services.
The User is responsible for all operations carried out through the User’s account through any device. If the User suspects that another User is using his account, he/she/it should immediately inform the Company.
The Company may suspend or cancel the User’s account if it considers that the User has breached these Terms.
Liability
The User acknowledges that he/she/it uses the Website and its Services at the User’s own risk and, therefore, the Company does not accept any responsibility for misuse or use in breach of these Terms.
The User will be responsible for any damages to the Company resulting from the User’s use of the Website and the Services in breach of the Terms and accepts.
The Company does not warrant the availability or continuity of the Website or the Services.
As way of example and without limitation, the Company shall not be liable for any damages that may result from:
Interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, failure of the telecommunication networks or the User’s equipment which are not the Company’s responsibility.
Third-party Actions
Unavailability of the Website and the Services due to maintenance or software updates.
Any other event beyond the Company’s direct control.
Save for the company’s wilful misconduct, and those cases in which due to the specific circumstances of the user involved or the nature of the matter, applicable law provides that liability cannot be limited by agreement, use of the website and the services is at sole risk of the user and the company shall not be liable for any damage of any kind caused to the user as a result of using the website and/or the services.
In accordance with regarding Third Party Content and Sponsored Content, the Company acts exclusively as a provider of a search service as requested by the User, without assuming any responsibility for search results.
The insertion of links in the Services does not imply any relationship, recommendation or supervision by the Company of the linked website and, accordingly, the Company does not accept any liability in relation to the content of any linked website except in the specific circumstances.
The Company will make reasonable commercial efforts in order to ensure the accuracy of keywords and descriptions, as well as the identification of content as exclusively for editorial use or any equivalent expression. However, the company neither warrants nor makes any representation regarding any keyword, title or description; or the identification or lack of identification of any visual content as exclusively for editorial use. For this reason and notwithstanding any other liability limitation that may be applicable in accordance with these Terms, the Company shall neither indemnify nor assume any liability in connection with any claim resulting from inaccurate keywords, titles or descriptions.
License For Content
Cliqnclix License
Content on Cliqnclix is made available to you on the following terms (“Cliqnclix License”). Under the Cliqnclix License you are granted an irrevocable, worldwide, non-exclusive and royalty free right to use, download, copy, modify or adapt the Content for commercial or non-commercial purposes
The Cliqnclix License does not allow:
Sale or distribution of Content as digital Content or as digital wallpapers (such as on stock media websites);
Sale or distribution of Content e.g as a posters, digital prints or physical products, without adding any additional elements or otherwise adding value.
Depiction of identifiable persons in an offensive, pornographic, obscene, immoral, defamatory or libelous way.
Any suggestion that there is an endorsement of products and services by depicted persons, brands, vocalists and organisations, unless permission was granted.
Please be aware that while all Content of Cliqnclix can be used for commercial and non-commercial purposes, items in the Content, such as identifiable people may be subject to additional copyrights, property rights, privacy rights, trademarks etc. and may require the consent of a third party or particularly for commercial applications. Cliqnclix does not represent or warrant that such consents or licenses have been obtained, and expressly disclaims any liability in this respect.
Limitations
You agree that you shall not:
Engage in any conduct that shall constitute a violation of any law or that infringes the rights of Cliqnclix or any third party.
Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by these Terms of Use.
Violate the rights of Cliqnclix or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
Link
Cliqnclix makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, concept, nature or reliability of third-party websites accessible by hyperlink from the Website, or websites linking to our Website. Such sites are not under the control of Cliqnclix and Cliqnclix is not responsible for the contents of any linked site or any link contained in a link site, or any review, changes or updates to such sites. Cliqnclix provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Cliqnclix of any site or any information contained therein. When you leave our Website, you should be aware that our terms and policies no longer govern. You should review the terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.
Your participation, correspondence or business dealings with any third party found on or through the Website, regarding the payment and delivery of related goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party, and you agree that Cliqnclix shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Termination
Both parties can terminate your membership account for any reason with a written notice and proof of identity. Upon termination Cliqnclix removes all your Images from the Website. You acknowledge that because of copyright infringement or other kinds of serious – or even malicious – acts, you may face more serious consequences.
Indemnification For Breach Of Terms
You agree to indemnify and hold harmless Cliqnclix from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold harmless Cliqnclix from and against any and all claims brought by third parties arising out of your use of the Website.
Governing Law & Jurisdiction
Any dispute, violation, controversy, contest or claim arising out of or relating to this Agreement or the breach, termination or validity thereof (hereinafter the “Disputes”) shall be resolved amicably in the first instance. The Parties agree to meet to resolve such dispute in good faith. Should such a solution not be reached, within [30] days from the date of commencement of the dispute, difference or disagreement or such longer period of time as may be mutually agreed by the Parties in writing, such dispute, difference or disagreement shall be referred to Arbitration and shall be finally resolved through arbitration conducted by a tribunal of three arbitrators, with the right of each party to appoint an arbitrator, who in turn will appoint a Presiding Arbitrator. The Presiding Arbitrator shall pass a speaking award. Any order/directions/awards of the majority of the tribunal shall be final and binding on both the parties. The arbitration proceedings shall be in accordance with the Indian Arbitration and Conciliation Act 1996 and Rules there under as at present in force. The seat of arbitration shall be Delhi, India. The arbitration shall be administered in accordance with its practice, rules and regulations. If the award passed in the Arbitration proceeding is not acceptable to any of the Party, then the Party is free to approach the appropriate court of law as agreed herein below. This Agreement shall be construed in accordance with and governed by the laws of India without giving effect to their conflict of laws principles or rules. The courts at Delhi, India shall have exclusive Jurisdiction.
Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Cliqnclix has adopted a policy of terminating, in appropriate circumstances and at Cliqnclix sole discretion, account holders who infringe the intellectual property rights of Cliqnclix or any third party.
Cliqnclix may give notice of a claim of copyright infringement by means of a general notice on the Website, electronic mail to a user’s e-mail address and may also remove the infringing content uploaded by the user. In the event, Cliqnclix is not removing the said Content; Cliqnclix is not endorsing the sale of any such content.
Cliqnclix respects the intellectual property rights of others, and we expect our user(s) to do the same. Cliqnclix is not an expert in your intellectual property rights, and we cannot verify that the users and contributors to the Website have rights to the Content posted by them. If you believe that any material on the Website infringes upon any copyright that you own or control, you may file a notification of such infringement with our legal department as set forth below:
Cliqnclix Address – RZ F 84/15, Lane No. 3, Mahavir Enclave, South West Delhi, New Delhi – 110045, India
Contact No – +91 9310871554
Email – cliqnclix@gmail.com