BY ACCESSING OR USING IN ANY MANNER THE PIQIT CLOSET APP YOU AS AN INDIVIDUAL OR AS A SINGLE USER ON BEHALF OF THE ENTITY OR COMPANY THAT YOU REPRESENT ("YOU" OR "YOUR" AS APPLICABLE) AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY, AND A PARTY TO, THE TERMS AND CONDITIONS HEREIN IN ("AGREEMENT") TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS.
WHO CAN USE THE APP: Subject to the terms and conditions of this Agreement, Company offers content and services in the APP solely for your own use, and not for the use or benefit of any third party. The term "Services" shall include, without limitation, any service the Company performs for you and the content offered by Company in their APP. You represent and warrant to Company that:
(i) You are an individual (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 18 years or age or older
(ii) All registration information you submit is accurate and truthful
(iii) You will maintain the accuracy of such information.
(iv) You also certify that you are legally permitted to use the Services and access the app and take full responsibility for the selection and use of the Services and access of the App.
You warrant, represent and agree that you will not contribute any Content in a manner that:
(i) Infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party
(ii) Violates any law, statute, ordinance or regulation
(iii) Is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable
(iv) Misrepresents the source or identity of any content
(v) Uploads, installs, constitutes, or embeds malware, virus, worms, Trojan horses, or other harmful content or code
(vi) Impersonates, or falsely indicates an affiliation with,limitation, any employee or representative of Company.
The App and its contents are intended solely for the personal use by APP users and may only be used in accordance with the terms of this Agreement.
You understand that by posting information, blogs, or other content on the APP, the Company hereby is and shall be granted a nonexclusive, worldwide, royalty free, perpetual, irrevocable, transferable right to fully exploit such content, materials and information (including all related intellectual property rights) and to allow others to do so.
Furthermore, you understand that Company retains the right to reformat, modify,create derivative works of, excerpt, and translate any materials, content or information submitted by you.
You understand that all information publicly posted or privately transmitted through the APP is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content.
If a comment is made using your identity or screen name, it will be deemed to have been posted by you.
You, not Company, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possesses all rights necessary to provide such content to Company and to grant Company the rights to use such information in connection with the Services and as otherwise provided herein.
Company cannot guarantee the authenticity of any data,which users may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Services.
Appearance of products on the website does not guarantee store inventory availability. Inventory can change very quickly throughout the day. While we make every attempt to ensure that prices are listed accurately, we assume no responsibility for accuracy of price information. To verify availability and pricing, please call the retailer directly. If you find pricing or availability errors, please email us at firstname.lastname@example.org.
Company shall have no obligation to monitor any user generated content, however, Company and its agents reserve the right to monitor user generated content from time to time and may remove or block any content on the APP including disabling access to content that you have downloaded through the Services.
Company reserves the right to remove any Content from the APP or Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all.
You may download or copy the Content, and other items displayed on the APP for download, for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content’s copyright notice.
All materials displayed in the APP (including, but not limited to text, blogs,graphics, articles, photographs, images, illustrations (also known as the “Content”)) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the APP or Services.
You shall not use, copy, reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
If you believe that material or content residing on or accessible through the Company website or service infringes a copyright, please send a notice of copyright infringement, It is Company’s policy to remove or disable access to the infringing material; to notify the content provider, member or user that it has removed or disabled access to the material; and that repeat offenders will have the infringing material removed from the system and that Company will terminate such content provider’s, member’s or user’s access to the service.
The APP contains links to third party websites that are not owned or controlled by Company. Company encourages you to be aware when you leave the APP, to read the terms and conditions of each third party website that you visit. Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party websites. In addition, Company will not and cannot monitor, verify, censor or edit the content of any third party site. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
You are responsible for all of your activity in connection with the Services and accessing the APP. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to Services or to access the APP. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Company user.
You acknowledge that Company has no control over, and no duty to take any action regarding: which users gains access to the APP; what Content you access via the APP; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the APP.
Company makes no representations concerning any content contained in or accessed through the APP. Company makes no representations or warranties regarding the accuracy of size, quality, colors or textures displayed anywhere on the APP, or regarding suggestions or recommendations of services or products offered or purchased through the APP (including, without limitation, the actual size, quality, color, texture, or results of use of such products or services), or that the APP or any Content will be uninterrupted or error-free.
Products and services purchased (whether or not following such recommendations and suggestions) are provided “AS IS” without any warranty of any kind from Company or others unless otherwise made expressly and unambiguously in writing by a designated third party for a specific product.
THE SERVICES, CONTENT, APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS,WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE SERVICE.
You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorney's’ fees, from any claim or demand made by any third party due to or arising out of your access to the APP, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY: IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE APP OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY
(I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFOR OR $100;
(II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER;
(III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR
(IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL.MODIFICATION OF AGREEMENT: COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY THIS AGREEMENT AT ANY TIME BY POSTING A NOTICE ON THE STREAMOID WEBSITE, OR BY SENDING YOU A NOTICE VIA EMAIL. YOU SHALL BE RESPONSIBLE FOR REVIEWING AND BECOMING FAMILIAR WITH ANY SUCH MODIFICATIONS. USE OF THE SERVICES BY YOU FOLLOWING SUCH NOTIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS MODIFIED.
This Agreement shall remain in full force and effect while you use the APP. You may terminate your use of the APP at any time by uninstalling the APP. Company may terminate your access to the APP (and/or any feature thereof) at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your use of the APP. Company may also terminate or suspend any and all Services and access to the APP immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. Upon termination of your account, your right to use the Services, access the APP, and any Content will immediately cease. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
The App and Services, are offered by Company from its facilities in India. Company makes no representations that the App or Services are appropriate or available for use in other locations. Users who access or use the App or Services from other jurisdictions do so at their own volition and are responsible for compliance with local laws. This Agreement is void where prohibited by law, and the right to access the App is revoked in such jurisdictions.
This Agreement shall be construed in accordance with and governed for all purposes by the laws of Government of India \ Karnataka applicable to contracts executed and wholly performed within such jurisdiction. Any dispute arising hereunder shall be referred to and heard in only a court located in Bangalore, Karnataka, India.
This Agreement supersedes all prior agreements, written or oral, between the Company and the Consultant relating to the subject matter of this Agreement.
If you have any questions or notices of violation of this Agreement, please send an email to email@example.com or by mail to 48, “ Vaishnavi Badri”, 5th Main, Jayamahal Extension,Bangalore-560046, India.
15 February 2016