Graphic India company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those we gave specifically requested. Accordingly, we must request that unless so requested (and subject to separate and additional terms Graphic India may require) no users of the Services submit or send any original creative materials, including but not limited to submissions of scripts, story lines, characters, drawings, information, suggestions, ideas or concepts. If you send certain specific submissions (e.g., postings to chats, surveys, message boards, contests, or similar items) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively the “Submissions”) such Submissions shall be deemed and shall remain the property of Graphic India in perpetuity. By making any Submission, the sender automatically grants, or warrants that the owner of such material expressly grants, Graphic India the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) throughout the universe and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for any purpose that Graphic India chooses, whether internal, public, commercial, or otherwise, without any compensation, credit or notice to the sender whatsoever. The sender waives all so-called “moral rights” in all Submissions. The sender further waives the right to make any claims against Graphic India relating to unsolicited Submissions, including, but not limited to, unfair competition, breach of implied contract and/or breach of confidentiality.
- GRANT OF LIMITED LICENSE TO USE THE SERVICES.
Subject to the terms and conditions of this Agreement, you are hereby granted a limited non-exclusive, non-transferable, nonassignable revocable license during the term of this Agreement to access and use the Services in the manner in which their use is intended by Graphic India. Except in connection with the foregoing limited license, you acknowledge that you shall acquire no other rights in any Graphic India products or any part of the Services unless specifically and expressly granted by Graphic India in writing. You agree that, as between you and Graphic India, all the intellectual property rights in the Services are owned or controlled by Graphic India or its licensors. ALL RIGHTS NOT EXPRESSLY GRANTED IN THIS AGREEMENT ARE RESERVED BY GRAPHIC INDIA. Graphic India reserves the right to interrupt all or any aspect of Services from time to time on a regularly scheduled basis or otherwise with or without prior notice, for any reason (or no reason), including, without limitation, in order to perform maintenance. You understand and agree that delays and disruptions of other network transmissions are completely beyond our control. You acknowledge that the Services may also be interrupted for reasons beyond the control of Graphic India and Graphic India cannot guarantee that you will be able to access the Services or your User Account (as defined below) whenever you may wish to do so. Graphic India has the right at any time for any reason or no reason to change and/or eliminate any aspect of the Services as Graphic India shall determine at its discretion. Solely for purposes of clarity and without limiting or waiving any term or condition set forth elsewhere in this Agreement, we are entitled, with immediate effect, to block your access to the Services where you use the Services in a manner that violates applicable law or in a manner that Graphic India determines is a breach of this Agreement. Your right to access and use the Services is provided at our discretion, and your account may be suspended or terminated at any time and for any reason. Only individuals may apply for registration, and organizations or companies are not eligible to register for Services without the express written permission of Graphic India, which it may withhold in its discretion.
You are only eligible to register for certain Services if you meet certain requirements as may be set forth at the time of registration. If you do not meet such requirements, then you may not register for Services.
- USER ACCOUNT.
- CODE OF CONDUCT.
Your use of the Services is governed by certain rules (the “Code of Conduct”) maintained and enforced by or on behalf of Graphic India and to which you (and all users) must adhere. It is your responsibility to know, understand and abide by the Code of Conduct. The following rules are not meant to be exhaustive. In addition to the conduct specified below, Graphic India reserves the right, in its discretion, to take disciplinary or other measures as it sees fit in response to conduct that it deems unacceptable, including, without limitation, to delete or alter any username or the suspension, termination, or cancellation of your User Account and your access to and use of the Services, or terminate any license granted in this Agreement, for any reason Graphic India may deem necessary. Graphic India reserves the right to modify the Code of Conduct at any time. a) Unacceptable Online Conduct. Any attempt by you to disrupt, or encourage or promote the disruption of the Services may be a violation of criminal and civil laws. You agree that you will not violate any applicable law, rule or regulation in connection with your use of the Services, nor will you interrupt or attempt to interrupt the operation of the Services in any way, including without limitation, the following: i) use any unauthorized third-party that intercepts, or otherwise collects, information from or through the Services; ii) modify or cause to be modified any files that are a part of the Services in any way; iii) facilitate, create or maintain any unauthorized connection to the Services; or iv) disrupt or assist in the disruption of any computer used to support the Services or another individual’s access to or use of the Services. b) Username Rules. Graphic India may change your username, block your registration, remove your username from all aspects the Service, and/or suspend or terminate your access to the Service if Graphic India determines, at its discretion, that your username is contrary to the terms of this Agreement, including, without limitation, the requirements set forth in this Section 5. You may not use any name: i) that belongs to another person with the intent to impersonate that person or that may mislead others to believe you to be the other person an employee of Graphic India; ii) that uses vulgar or insulting language or which is otherwise offensive, defamatory, obscene, hateful, or racially, ethnically, or religiously charged, or other language Graphic India considers objectionable; iii) that belongs to a popular culture figure, character, celebrity, media personality or any other name protected by a third-party’s trademark(s), service mark, publicity rights or other proprietary rights; iv) that is, contains, or is substantially similar to, a trademark or service mark, whether registered or not; or v) that is related to drugs, sex, alcohol, or criminal activity. c) Rules Related to Use of Games, Apps and Other Content available as part of the Services. If you download or otherwise access a game or application (commonly known as an “app”) or any other content through a third party distributor or provider (collectively, “Third Party Channels”) and breach the terms and conditions associated with the access and use of such Third Party Channels, or otherwise use or access such game app or content in a manner that Graphic India deems inappropriate, then your User Account may be immediately terminated or suspended.
7) BLOGS AND OTHER INTERACTIVE AND SOCIAL FEATURES.
To the extent such service is available on our website, you are welcome to post, transmit or submit messages (“Messages”) to forums, blogs, bulletin boards, chat rooms, user commenting features or other interactive or social features that may be offered within, or in connection with, the Services (collectively, “Forums”). If you use any such Forums, you should be aware that any personal information you submit, display, or publish there is considered publicly available and can be read, collected, used, and disclosed by other users of those features, by us, and other third parties without restriction. Graphic India accepts no responsibility whatsoever in connection with or arising from such Messages, or for the personal information you choose to submit in these features. Graphic India does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by Graphic India prior to posting and do not necessarily reflect the opinions or policies of Graphic India. Graphic India makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, Graphic India reserves the right to prevent you from submitting content to Forums and to edit, restrict or remove such Messages for any reason at any time. Graphic India assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time Graphic India chooses, in its sole discretion, to monitor the Forums, Graphic India nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that Graphic India accepts no liability whatsoever if it chooses to block your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of the Graphic India Services to access, view, store or reproduce the material for that other user’s personal use and not to restrict or inhibit the use of the Graphic India Services by any other person. You agree that any Message whatsoever submitted by you becomes the property of Graphic India and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed or deleted as Graphic India may determine. You will not post, email or make available any content (including without limitation submission of any Messages to Forums or any Submitted Content) to users or use the Graphic India Services: (i) in a manner that infringes, violates or misappropriates Graphic India’s or any third party’s copyright, trademark, trade secret or other intellectual or property rights, contractual rights or rights of publicity or privacy (and by submitting Messages to Forums or any Submitted Content, you represent to Graphic India that you are the rightful owner of such content or that you have first obtained permission to submit the material from the rightful owner); (ii) to reveal any confidential information; (iii) in a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) to engage in illegal activities or any advertising, commercial, marketing or promotional activities that are intended to solicit a person to buy or sell services or to make donations, or link to, directly or indirectly, any sites that violate this Agreement, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other users; (v) in a manner that is misleading, deceptive or fraudulent or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes; (vi) in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another’s privacy or publicity rights; (vi) in a manner that is harmful to minors in any way; (vii) in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age; or, (viii) is otherwise objectionable, as determined by Graphic India.
8) COMMUNICATION AND OTHER FEATURES AVAILABLE IN CONNECTION WITH GAMES, APPS AND OTHER CONTENT AVAILABLE AS PART OF THE SERVICES.
- a) Communication Features. When using or accessing Third Party Channels, you understand that you may be exposed to messages, information, data, text, software, graphic files, advertising or other materials, whether in written, verbal, electronic, digital, machine-readable or other form (whether now known or hereafter to become known) from other users (“Third Party User Material”) and that you might find such Third Party User Material objectionable. Graphic India and its Third Party Providers do not control the content of any Third Party User Material and do not guarantee its accuracy, integrity, legality, usefulness, safety or intellectual property rights or quality. You understand that any Third Party User Material sent through or appearing on the Third Party Channels is the sole responsibility of those users or persons transmitting such Third Party User Material. This means that you, and not Graphic India or its Third Party Providers, are entirely responsible for all Third Party User Material that you transmit or receive. Under no circumstances will Graphic India or its Third Party Providers be liable for any errors or omissions in any Third Party User Material or for any loss or damages of any kind incurred as a result of the access to, downloading, viewing, listening, use of or inability to use any Third Party User Material. Graphic India and its Third Party Providers have no obligation to monitor or supervise Third Party User Material, and expressly disclaim any representation that they will monitor or supervise such Third Party User Material. You agree that you have no expectation of privacy in connection with any Third Party User Material. You also agree to indemnify and defend and hold Graphic India and its Third Party Providers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of, your violation of these terms and conditions or your violation of any rights of another. b) Purchase Features. Some applications offered by way of the Services or otherwise referenced on the Graphic India website may include the ability to make purchases within the application itself (also referred to as “in-app purchases”). This can include the ability to purchase additional content or access additional features without having to leave the application. The device on which you are accessing such applications may include settings that prevent access to certain features or content, which may allow you to turn off the ability to make in-app purchases. For example, Apple, Inc. outlines the steps required to enable restrictions on certain of its devices currently at http://support.apple.com/kb/HT4213. Please review your settings on your device or seek advice from your data carrier or the manufacturer of your device on how to change your settings or enable restrictions. c) Social Network Access. When using some applications offered by way of the Services or otherwise referenced on the Graphic India website, you may have the ability to access a social network. If you access a social network, you may need to share information (some of which could be personally identifiable information).
Nothing contained in this Agreement shall be construed as conferring any license or right, by implication, estoppel or otherwise without the written permission of Graphic India. You acknowledge that all rights, ownership, intellectual property and title in and to the Services, including without limitation any User Accounts, Login Information, titles, trademarks, trade names, service marks, moral rights, computer code, themes, objects, catch phrases, locations, concepts, artwork, animations, sounds, music, video, photographs, opinions, images, text, audio-visual effects, or methods of operation and any documentation related to any of the aforementioned items (collectively, “Materials”) are owned and controlled by Graphic India or its Third Party Providers. You may not use, copy, reproduce, create derivative works from, perform, publicly display, adapt, upload, modify, edit, publish, post, transmit, participate in the transfer or sale, license, distribute or exploit, in any way whatsoever, the Materials contained in the Services without the express written permission of Graphic India or its Third Party Providers. Any modification of the Materials or any portion thereof, or unauthorized use of the Materials for any other purpose, constitutes an infringement of Graphic India’s, or its Third Party Providers’, copyrights and other proprietary rights and, for clarity, nevertheless are created for Graphic India or its Third Party Providers’ sole and exclusive benefit, and are owned and controlled by Graphic India or its Third Party Providers. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any Graphic India website so long as the link does not portray Graphic India or its products or services or Third Party Providers in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Graphic India logo or other proprietary graphic or trademark as part of the link without express written permission.
10) DIGITAL MILLENNIUM COPYRIGHT ACT.
- a) We respect the intellectual property rights of others and request that users of the Services respect the intellectual property rights of others as well. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will remove any content that allegedly infringes another party’s copyright and reserve the right to suspend, terminate, or cancel a User Account or a user’s access to and use of the Services if a user is found to be a repeat infringer. If you believe your work has been copied and is accessible through the Services in a way that constitutes copyright infringement, you may notify our designated copyright agent (specified below) in writing with the following and in the form required by 17 U.S.C. 512 of the United States Copyright Act: i) provide your physical or electronic signature; ii) identify the copyright work that you believe is being infringed; iii) identify the item in the Services that you think is infringing your work and include sufficient information about where the material is located on the website; iv) provide us a way to contact you, such as your address, phone number or email address; v) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, or its agent, or the law; and vi) provide a statement by you, made under penalty of perjury, that the information you provide in your notice is accurate, and that you are authorized to act on behalf of the copyright owner whose work is being infringed. b) Interim Designation of Agent to Receive Notifications of Claimed Infringement, pursuant to 17 U.S.C. 512(c) of the United States Copyright Act: Graphic India, Inc. Contact us https://graphicindia.com/contact-us/. If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or See 17 U.S.C. Section 512(g)(3) to confirm these requirements): (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and, (iv) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Graphic India may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person. Graphic India only accepts counter-notifications that meet the requirements set forth above and are received from the email address associated with the account you used to upload the content within seven (7) business days of our forwarding you the DMCA notice. You may submit your counter-notification by sending it to our Designated DMCA Agent by mail or e-mail. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
11) THIRD PARTY WEBSITES.
When accessing and using the Services, you may be directed to third party or external websites that are not affiliated with Graphic India (“Third Party Websites”). Graphic India and its Third Party Providers are not responsible for the availability of Third Party Websites, and do not endorse, and are not responsible or liable for any content, advertising, products, or other materials contained on Third Party Websites. The inclusion of a Graphic India product within a Third Party Website does not, unless expressly indicated in writing, imply our affiliation or endorsement of such Third Party Website. ACCESS AND USE OF THIRD PARTY WEBSITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY WEBSITES OR AVAILABLE THROUGH THIRD PARTY WEBSITES, IS SOLELY AT YOUR OWN RISK. Graphic India and its Third Party Providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection Graphic India Inc. with the use of, inability to use, or reliance on any content, advertising, products, or other materials contained on Third Party Websites. We recommend that you carefully review any terms and conditions, privacy policies and any other legal documents that may be contained on any Third Party Websites.
12) CHANGES TO THE AGREEMENT.
Graphic India reserves the right, at its discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at anytime, for any reason, including but not limited to, the availability of any feature of the Services, hours of availability, content, data, software or equipment needed to access the Services. Graphic India will post a notice of such changes on its website pursuant to the Notice provision below. If any changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must immediately stop accessing or using the Services. Your continued use of the Services following any notice of revisions to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
In accordance with provisions in this Agreement requiring Graphic India give notice to you, Graphic India will do so by means of a general notice on its website, electronic mail to your email address on record in your User Account (if you have created a User Account), or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record (if you have created a User Account), the choice of which being at Graphic India’s discretion. Any provisions in this Agreement requiring you to give notice to Graphic India can be done so by contact us information available on https://graphicindia.com/contact-us/
15) WARRANTY DISCLAIMER.
THE SERVICES ARE PROVIDED “AS IS”. NEITHER GRAPHIC INDIA, ITS THIRD PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY MATERIALS IN THE SERVICES, THE SERVICES, OR ANY GRAPHIC INDIA PRODUCTS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, MAKE ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION, THAT THE SERVICES OR THEIR COMMUNICATION FEATURES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GRAPHIC INDIA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. GRAPHIC INDIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, SECURITY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS IN THE SERVICES OR ANY CONTENT, MATERIALS OR SERVICES ON ANY THIRD PARTY WEBSITES. THIS SECTION 15 SHALL SURVIVE ANY EXPIRATION, TERMINATION OR CANCELLATION OF THE SERVICES AND/OR THIS AGREEMENT OR ANY DETERMINATION THAT THIS AGREEMENT OR ANY PORTION OF THIS AGREEMENT IS VOID OR VOIDABLE.
16) LIMITATION OF LIABILITY.
NEITHER GRAPHIC INDIA, ITS THIRD PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE MATERIALS OR THE SERVICES OR ANY GRAPHIC INDIA PRODUCTS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION (EVEN IF GRAPHIC INDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE) RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE SERVICES; (B) THE BREACH OF ANY REPRESENTATION OR WARRANTY; (C) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY GRAPHIC INDIA OR ANY THIRD PARTY PROVIDER; (D) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES OR ANY GRAPHIC INDIA PRODUCT; OR, (E) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION INTERNET SERVICE DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT SHALL GRAPHIC INDIA, ITS THIRD PARTY PROVIDERS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY PART OF THE SERVICES, OR ANY GRAPHIC INDIA PRODUCTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES. GRAPHIC INDIA DOES NOT WARRANT THAT YOU WILL BE FREE FROM THE BEHAVIOR OF OTHERS YOU MAY DEEM INSULTING, DEMEANING, OFFENSIVE, THREATENING, OBSCENE, LIBELOUS, DEROGATORY OR HARASSING WHILE ACCESSING OR USING THE SERVICES. IN THE EVENT GRAPHIC INDIA CHOOSES NOT TO TAKE ANY ACTION, TAKES AN ACTION WITH WHICH YOU DO NOT AGREE OR IS UNABLE TO TAKE ANY ACTION FOR ANY REASON WHATSOEVER, IN NO EVENT SHALL GRAPHIC INDIA ITS THIRD PARTY PROVIDERS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY MATERIALS IN THE SERVICES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR EMOTIONAL DISTRESS, OR OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USER ACCOUNT OR YOUR ACCESS TO AND USE OF THE SERVICES. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR DISCLAIMERS IN WHICH CASE SOME OF THE WARRANTIES OR DISCLAIMERS PROVIDED IN THIS AGREEMENT MAY NOT BE APPLICABLE. TO THE EXTENT THAT THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, GRAPHIC INDIA’S TOTAL LIABILITY ARISING FROM THIS AGREEMENT AND SOLE OBLIGATION WITH RESPECT TO DAMAGES SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100.00). THIS SECTION 16 SHALL SURVIVE ANY EXPIRATION, TERMINATION OR CANCELLATION OF THE SERVICES AND/OR THIS AGREEMENT OR ANY DETERMINATION THAT THIS AGREEMENT OR ANY PORTION OF THIS AGREEMENT IS VOID OR VOIDABLE.
17) FORCE MAJEURE.
Graphic India shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Graphic India, including without limitation, any failure to perform hereunder due to unforeseen circumstances, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, tornados, hurricanes, pandemics, accidents, strikes, internet interruption, denial of service attack, hacking or shortages of transportation facilities, fuel, energy, labor or materials.
18) CONSENT TO MONITOR.
You agree to indemnify, defend and hold Graphic India, its Third Party Providers, or any person or entity involved in creating, producing, or distributing any Materials or the Services, or any of their respective directors, officers, employees or agents, harmless from and against any and all damages, costs, losses and expenses, including reasonable attorney fees and court costs relating to or arising directly or indirectly from any suit, claim, demand or settlement based upon your posting or uploading any content using any Communication Feature or your failure to comply with this Agreement or your violation of any third party right or your violation of any law, rule or regulation of the United States or any other country.
21) INJUNCTIVE RELIEF.
You agree that a breach of this Agreement will cause irreparable injury to Graphic India and/or its Third Party Providers for which monetary damages would not be an adequate remedy. Accordingly, Graphic India shall be entitled to seek and obtain equitable relief, including, without limitation, injunctive relief, in addition to any other remedy to which it may be entitled under this Agreement or applicable law, without the need to post bond or other form of security, or provide proof of damages.
22) DISPUTE RESOLUTION AND GOVERNING LAW.
- a) Informal Resolution. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Graphic India agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days prior to initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person or entity to the other in accordance with the Notice section above. b) Binding Arbitration. If you and Graphic India are unable to resolve a Dispute through informal negotiations, either you or Graphic India may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website http://www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Graphic India may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THIS AGREEMENT, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. YOU UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. c) Restrictions. You and Graphic India agree that any arbitration shall be limited to the Dispute between Graphic India E and you individually. To the full extent permitted by law, (i) no arbitration shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. d) Exceptions to Informal Resolution and Binding Arbitration. You agree that Graphic India may chose, at its option and discretion, to exclude the following Disputes from (and, as such, the following Disputes will not be subject to) the above provisions concerning informal resolutions and binding arbitration: (i) any Dispute related to or arising from allegations of theft, piracy, invasion of privacy or the unauthorized use of Graphic India’s or its Third Party Providers’ intellectual property and/or intellectual property rights; and/or (ii) any claim by Graphic India for injunctive or other equitable relief. e) Location and Jurisdiction. Any arbitration will be initiated in and take place in the County of San Francisco, State of California, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, including without limitation the Disputes contained in Section 22(d), shall be decided by a court of competent jurisdiction wherever located, including, without limitation, in the County of San Francisco, State of California, United States of America, and you and GRAPHIC INDIA agree to submit to the personal jurisdiction of such courts. f) Governing Law. Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed and enforced under, the laws, rules and regulations of the United States of America and the laws, rules and regulations of the State of California, excluding conflict of law rules and principles. g) Severability. You and Graphic India agree that if any portion of this Section 22 (Dispute Resolution and Governing Law) is found illegal or unenforceable (with the exception of 22(d)), that portion shall be severed and the remainder of this section shall be given full force and effect. If Section 22(d) is found to be illegal or unenforceable then neither you nor Graphic India will elect to arbitrate any Dispute falling within that portion of Section 22(d) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the County of Alameda, State of California, United States of America, and you and Graphic India agree to submit to the personal jurisdiction of that court.
Notwithstanding Section 22(g), if any other provision of this Agreement shall be held invalid or unenforceable, in whole or in part, such provision shall be deemed severable from this Agreement, and the validity and enforceability of all other provisions of this Agreement shall not be affected thereby. This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings of the parties. Sections 2, 3, 8- 9, 11-16 and 18-23 shall survive the expiration, termination or cancellation of the Services and/or this Agreement or any determination that this Agreement or any portion of this Agreement is void or voidable. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.