User’s agreement : General clauses
1. Eligibility to accept User’s Agreement
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. These Terms of Service apply to all users of the Service, including users who are also Ambassadors or are purchasers or Publishers of the property under the service provided Service.
2. Entering the agreement :
The clicking of ‘I Agree’ button provided at the time of creation of an account with FREEVOCAL shall be deemed as ratification of this agreement and shall be binding on the user for the entire period in which the user is connected with FREEVOCAL. The modifications or change of terms shall always be construed as a Part and Parcel of the original agreement.
3. Definitions and terms :
a. Service includes the access and use of the “Content” which includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of FREEVOCAL, including but not limited to all products, software and services offered via the FREEVOCAL website, such as the FREEVOCAL Editor, Search, Categorize Search, and other applications.
b. The Service may contain links to third party websites that are not owned or controlled by FREEVOCAL. FREEVOCAL has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, Information sites and Search Engines.
4. Privacy :
This Privacy Clause describes FREEVOCAL's policies and procedures on the collection, use and disclosure of your information when you use the FREEVOCAL Service. We will not use or share your information with anyone except as described in this Privacy clause. This Privacy clause does not apply to information we collect by other means (including offline) or from other sources. You agree to the methods of collection and use of the information enumerated below :
a. Information Collection and Use :
FREEVOCAL uses information we collect to analyze how the Service is used, diagnose service or technical problems, maintain security, personalize content, remember information to help you efficiently access your account, monitor aggregate metrics and track User Content and users as necessary to comply with the Copyright Act and other applicable laws in India. By entering into this agreement you waive off all the rights to have all or any control over any such activities pertaining such information so collected and use thereof.
b. User-Provided Information :
You provide us information about yourself, such as your name and e-mail address, and if we so decide, your contact number,if you register for a member account with the Service. Your name and other information you choose to add to your profile will be available for public viewing on the Service. You can choose how the Public or friends on your network would look at your information by using the settings feature provided on the site.
c. Limitations to privacy :
Notwithstanding anything written hereinabove FREEVOCAL may share and allow the access to all your information including your posts and comments etc to any Government authority or to the Police machinery and also may furnish the details if so ordered by the courts of law without any reasons or notifications to you if required by such authorities.
We may use your email address to send you Service-related notices (including any notices required by law, in lieu of communication by postal mail). You may control receipt of certain Service-related messages on your Settings page. If you correspond with us by email, we may retain the content of your email messages, your email address and our responses.
You also provide us information in User Content you post to the Service. Your questions, answers, and other contributions on the Service, and metadata about them (such as when you posted them), are publicly viewable on the Service, along with your name (unless the Service permits you to post anonymously). This information may be searched by search engines and be republished elsewhere on the Web in accordance with our User’s agreement.
If you choose to use our invitation service to invite a friend to the Service, we will ask you for that person's email address and automatically send an email invitation. FREEVOCAL stores this information to send this email, to register your friend if your invitation is accepted, and to track the success of our invitation service.
d. Cookies :
When you visit the Service, we may send one or more "cookies" - small data files - to your computer to uniquely identify your browser and let FREEVOCAL help you log in faster and enhance your navigation through the site. A cookie may convey anonymous information about how you browse the Service to us, but does not collect personal information about you. A persistent cookie remains on your computer after you close your browser so that it can be used by your browser on subsequent visits to the Service. Persistent cookies can be removed by following your web browser's directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled.
e. Log Files :
Log file information is automatically reported by your browser each time you access a web page. When you use the Service, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other such information.
f. Clear GIFs Information :
When you use the Service, we may employ clear GIFs (also known as web beacons) which are used to track the online usage patterns of our users anonymously. No personally identifiable information from your FREEVOCAL account is collected using these clear GIFs. In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting and make FREEVOCAL better for our users
g. Third Party Services :
FREEVOCAL may use Google Analytics or Mixpanel or any other third party analytics to help understand use of the Service. These Third party Analytical operators collect the information sent by your browser as part of a web page request, including cookies and your IP address. The Analytical Operators also receive this information and their use of it is governed by their Privacy Policies.
h. Your Choices About Your Information :
You may, of course, decline to submit personally identifiable information through the Service, in which case FREEVOCAL may not be able to provide certain services to you. You may update or correct your account information and email preferences at any time by logging in to your account.
5. Unauthorised access :
a. In order to access some features of the Service, you will have to create a FREEVOCAL account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify FREEVOCAL immediately of any breach of security or unauthorized use of your account.
b. Although FREEVOCAL will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of FREEVOCAL or others due to such unauthorized use.
c. You own all the Content, Information, Posts, Comments, Notations on FREEVOCAL and you can control how it can be shared with the help of the applications settings that are provided on FREEVOCAL.
d. When content is borrowed from third party sites to be made into projections you will declare the source of the content if thought appropriate by you. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant FREEVOCAL all of the license rights granted herein.
e. The search feature on FREEVOCAL will be used as means to search for content and information on FREEVOCAL, Wikipedia and also on third party search engines.
6. General Use of the Service - Permissions and Restrictions :
FREEVOCAL hereby grants you permission to access and use the Service as set forth in these terms, provided that :
a. You agree not to distribute in any medium any part of the Service or the Content without FREEVOCAL's prior written authorization, unless FREEVOCAL makes available the means for such distribution through functionality offered by the Service.
b. You agree not to alter or modify any part of the Service.
c. You agree not to access content through any other technology or means which are not designated by FREEVOCAL
d. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the FREEVOCAL servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, FREEVOCAL grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. FREEVOCAL reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
e. In your use of the Service, you will comply with all applicable laws
f. FREEVOCAL reserves the right to discontinue any aspect of the Service at any time.
g. By using or visiting the FREEVOCAL website or any FREEVOCAL products, software, data feeds, and services provided to you on, from, or through the FREEVOCAL website (collectively the "Service") you signify your agreement to (1) these terms and conditions (the "User’s agreement"), (2) FREEVOCAL's disclaimers notice, found at http://www.freevocal.com/privacy-policy.aspx and incorporated herein by reference. If you do not agree to any of these terms, the FREEVOCAL privacy notice, or the Community Guidelines, please do not use the Service.
h. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.freevocal.com/user-agreement.aspx). FREEVOCAL may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
i. In addition, FREEVOCAL will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve FREEVOCAL from any and all liability arising from your use of any third-party website.
k. We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, FREEVOCAL will also terminate a user's account if the user is determined to be a repeat infringer
l. FREEVOCAL will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
m. FREEVOCAL reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. FREEVOCAL may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
7. IP Policy :
FREEVOCAL respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent (email@example.com) with the following information in accordance with the prevalent Copyright laws of India.
a. a physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
b. identification of the copyrighted work claimed to have been infringed;
c. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d. your contact information, including your address, telephone number, and an email address.
e. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
f. a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent for notice of alleged copyright infringement or their legal notices regarding Content appearing on the Service is : Email: firstname.lastname@example.org
8. Indemnity :
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless FREEVOCAL, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these user’s agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
9. Limitation of Liability :
In no event shall FREEVOCAL, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) Errors, Mistakes, or Inaccuracies of content, (II) Personal injury or property damage, of any nature Whatsoever, resulting from your access to and use of our services, (III) Any unauthorized access to or use of our secure servers and/ or any and all personal information and/or financial information, (IV) Any interruption or cessation of transmission to or from our services or from services, (IV) Any bugs, Viruses, Trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (V) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on any warranty, contract, tort, or any other legal theory, and whether or not FREEVOCAL is advised of any possibility of such damages. The foregoing Limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that FREEVOCAL shall not be liable for the content or defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
10. General :
You agree that: (i) the Service shall be deemed solely based in India; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over FREEVOCAL, either specific or general, in jurisdictions other than Pune India. These Terms of Service shall be governed by the substantive laws of the India, without respect to its conflict of laws principles. Any claim or dispute between you and FREEVOCAL that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in India. These Terms of Service, together with the Privacy Notice at http://www.FREEVOCAL.com/t/privacy and any other legal notices published by FREEVOCAL on the Service, shall constitute the entire agreement between you and FREEVOCAL concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and FREEVOCAL's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. FREEVOCAL reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. You and FREEVOCAL agree that any cause of action arising out of or related to the services must commence within (1) one month from the accrual of such cause of action otherwise, such cause of action shall be permanently barred.
1. That the Publisher has duly paid and discharged in full all the dues and liabilities in respect of the said Creations including the remmunerations, taxes, rates, etc. payable to the various artists.
2. That the Publisher is the sole and absolute owner and beneficiary of the said creations duly standing in the name of the Publisher in the books and all other records and is absolutely entitled to the same and to all incidental rights thereto and to exclusive rights to the use, enjoyment and alieanate the intellectual property showcased/dispalyed and except the Publisher no other person or persons having any right, title, interest, claim or demand of any nature whatsoever unto or upon the said intellectual property.
3. That notwithstanding any act, deed, matter or thing whatsoever done, omitted by the Publisher or any person or persons lawfully and equitably claiming by, from, through, or in trust for the Publisher, the Publisher has full power and absolute authority in his own right to transfer all his rights, title and interest therein in favour of the Licensees.
4. That neither the Publisher nor any one on his behalf has committed or omitted any act, deed, matter or thing whereby his holding of the said intellectual property and incidental rights thereto including the right to peaceful use, ownership and enjoyment of the said intellectaul property and other rights and benefits in respect thereof may become or may be prejudicially affected or encumbered in any manner or whereby the said property and his other right, title and interest therein may become liable to attachment and/or sale whether by a decree or order of the Competent Court or otherwise;That the Publisher. has not created or purported to create any charge, lease, mortgage, lien or any kind of third party rights over the said premises and no other person or party have any right, title or interest, claim or demand in to or upon the same either by way of mortgage, gift, trust, inheritance or otherwise and that the same are free from all encumbrances and there is no pending litigation of any kind whatsoever and further that the Publisher shall so long as this agreement is valid, not enter into any agreement/writing with any third party for creating any rights of whatsoever nature in respect of the said premises.
5. That the Publisher has not received any notice for Cease and desist from use of the said intellectual property.
6. That the Publisher herein hereby indemnifies and shall keep indemnified FREEVOCAL against any defect in title, omission, or mischief of any person wrongfully claiming any right, title or beneficial interest in the said property or compensation, claim, demand, fines, penalties, costs, charges and expenses or any other liabilities whatsoever made or brought, against or incurred, suffered, levied or imposed pursuant to the transfer thereof under the terms of this Agreement and/or by reason or by virtue of the non-performance and non-observance of any of the terms and conditions of the Agreement, covenants and provisions.
7. The Publisher shall abide by the terms and condictions of this agreement and shall abide by the covenants thereof. The relationship between the Publisher and FREEVOCAL shall be that of principal to principal and there shall not be any other relationship like, partnership, joint venture, or agency between FREEVOCAL and the Publisher. The Publisher agrees and undertakes that FREEVOCAL shall not be an agent or a representative of the Publisher and shall in no circumstances be liable or responsible for representations, acts or omissions on behalf of the Publisher.
Both disclaimers and this agreement form an integral part of the policy of FREEVOCAL and are therefore binding on you during and after the use of the FREEVOCAL.