Privacy Policy:
The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Pikaboos.com in respect of the Website. The user further consents that the terms and contents of such Privacy Policy are acceptable to him.
Limited User:
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that Pikaboos’s name is stated as the source and prior written permission of Pikaboos.com is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
User Conduct and Rules:
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others
2. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information
3. upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents
4. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer
5. conduct or forward surveys, contests, pyramid schemes or chain letters
6. download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner
7. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded
8. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service
9. violate any applicable laws or regulations for the time being in force in or outside India; and
10. violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein
Contents Posted on Site:
Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Pikaboos’s express prior written consent.
You may use information on the products and services purposely made available on the Website for downloading, provided that You
(1) do not remove any proprietary notice language in all copies of such documents,
(2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
(3) make no modifications to any such information, and
(4) do not make any additional representations or warranties relating to such documents.
You shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, ” Content”). Such Content will become our property and you grant us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with our Privacy Policy and Rules of Conduct on Site as mentioned herein, and you are not entitled to any payment or other compensation for such use.
User Warranty and Representation:
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by Pikaboos.com
Intellectual Property Rights:
1. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Pikaboos.com owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Pikaboos.com without obtaining authorization from Pikaboos.com
2. Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same
Links To Third Party Sites:
The Website may contain links to other websites (“Linked Sites”).The Linked Sites are not under the control of Pikaboos.com or the Website and Pikaboos.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Pikaboos.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Pikaboos.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Pikaboos.com or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
Disclaimer Of Warranties/Limitation Of Liability:
Pikaboos.com has endeavored to ensure that all the information on the Website is correct, but Pikaboos.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Pikaboos.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the user’s transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall Pikaboos.com be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Pikaboos.com shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Pikaboos’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site 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 foregoing paragraph, Pikaboos do not warrant that:
• This Website will be constantly available, or available at all; or
• The information on this Website is complete, true, accurate or non-misleading.
Pikaboos 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.
Pikaboos do 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 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. We will not use your personal information to initiate any promotional phone calls or SMS.
Indemnification:
You agree to indemnify, defend and hold harmless Pikaboos.com from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Pikaboos.com that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
Termination:
1. Pikaboos.com may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached a term of these Terms.
2.If you or Pikaboos.com terminates your use of the Website or any Service, Pikaboos.com may delete any content or other materials relating to your use of the Service and Pikaboos.com will have no liability to you or any third party for doing so.
3.You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever.
Governing Law:
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Thane.
Interpretation Of Number And Genders:
The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to the Terms as a whole.
Severability:
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
Report Abuse:
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Pikaboos.com does not review the contents in any way before they appear on the Website. Pikaboos.com does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to info@Pikaboos.com