Updated 13th October 2015
Thank you for using Designowl.
These Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Designowl website at www.Designowl.com (the “Site”) and any related mobile or software applications including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the “Services”).
These Terms are effective for all existing and future Designowl user accounts
Please carefully read these Terms. By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with Viva Infocom Pvt. Ltd. These TERMS OF USE, together with all schedules and annexes attached hereto, (“Agreement”) is a legally binding agreement between you together with the company or other business entity you are representing, if any (hereinafter referred to as “you”, if you are entering into this Agreement on behalf of a company or other business entity, you represent that you have the authority to bind such entity to this Agreement, in which case the term ‘you’ shall also include to such entity) and Viva Infocom Private Limited, a company incorporated under the laws of India and having registered office address 17, Sea Glimpse, Worli Hill Road, Mumbai 400018 (along with all entities which directly or indirectly controls, is controlled by, or is under common control with us are hereinafter referred to as “we”, “us” or “our”). We shall provide the Services (as defined below) to you subject to and conditioned upon your acceptance of this Agreement as it is.
By using the site, you are indicating that you have read, understand and agree to be bound by these terms and conditions of use. If you do not agree and do not wish to be bound by these terms and conditions of use, you have no right to access or use the site, application, services or site content. If you do not agree to these terms and conditions of use, exit the site now. Your sole and only remedy for dissatisfaction with the site, or any products, services, content, or other information available on or through the site, is to stop using the site and/or those particular products or services. Your agreement with us regarding compliance with these terms and conditions of use becomes effective immediately upon commencement of your use of the site.
This Agreement governs the access and use of all products and services offered by us. We may, in our sole and absolute discretion and without any specific notice to you, update and change any part or all of this Agreement, including but not limited to the fees and charges associated with the use of or access to our services and/or products. If we update or change this Agreement, then the updated version will be posted at www.designowl.com.
When we change this Agreement, we will modify the ‘Last Modified’ date and the updated Agreement will become effective and binding from such date. You are required to review this Agreement periodically. Unless explicitly stated otherwise, any new features or products that change, augment or enhance our current services and/or products shall be subject to the term of this Agreement. Your access to and use of our services and products is further subject to our Privacy Policy which is available on www.designowl.com and is incorporated herein by reference. Certain features of our products and services may be subject to additional guidelines, terms, or rules (“Usage Rules”), which will be posted on our products and services and are incorporated herein by reference.
CHANGES TO THE TERMS
Designowl may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of Site after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.
PROVISION OF THE SERVICES BEING OFFERED BY DESIGNOWL
Designowl is constantly evolving in order to provide the best possible experience and information to its users. You acknowledge and agree that the form and nature of the Services which Designowl provides may require effecting certain changes in it, therefore Designowl reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.
We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.
You acknowledge and agree that if Designowl disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.
By using Designowl's Services you agree to the following disclaimer: The Content on these Services is for informational purposes only. Designowl disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Designowl reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice.
Designowl reserves the right to charge subscription and/or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of this site anytime in future.
Designowl may from time to time introduce referral and/or incentive based programs for its users (Program). These Program(s) maybe governed by their respective terms and conditions. By participating in the Program, Users are bound by the Program terms and conditions as well as the Site terms. Further, Designowl reserves the right to terminate / suspend the User’s account and/or credits / points earned and/or participation of the User in the Program if Designowl determines in its sole discretion that the User has violated the rules of the Program and/ or has been involved in activities that are in contravention of the Program terms and/ or Site terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, Designowl reserves the right to modify, cancel and discontinue its Program without notice to the User.
USE OF SERVICES BY YOU OR USER
You must create an account in order to use some of the features offered by the Services. Use of any personal information you provide to us during the account creation process is governed by our Privacy Policy. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account.
You may also be able to register to use the Services by logging into your account with your credentials from certain third party social networking sites (e.g., Facebook, Linkedin, Twitter). You confirm that you are the owner of any such social media account and that you are entitled to disclose your social media login information to us. You authorize us to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions.
In creating an account, you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own or create multiple accounts that you are not legally entitled to claim.
You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your account for the purpose of transacting activities in your name on the Services.
By creating an account, you agree to receive certain communications in connection with the Site or Services. For example, you might receive comments or friend requests from other Users.
OTHERS TERMS
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You agree to use the data owned by Designowl (as available on the Services or through any other means like API etc.) only for personal use/purposes and not for any commercial use unless agreed to by/with Designowl in writing.
You agree not to access (or attempt to access) any of the Services by any means other than the interface that is provided by Designowl, unless you have been specifically allowed to do so, by way of a separate agreement with Designowl. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You shall not delete or revise any material or information posted by any other User(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.
CONTENT ON DESIGNOWL
Designowl Postings
We use a diverse range of information, text, photographs, designs, graphics, images, sound and video recordings, animation, content, advertisement and other materials and effects (collectively "Content") for the search services on Designowl. We provide the content through the website and mobile application for your personal and non-commercial use only.
While every attempt has been made to ascertain the authenticity of the content, Designowl is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content including but not limited to decisions based on the content in which results in any loss of data, revenue, profits, property, infection by viruses etc.
Accordingly, you may view, use, copy, and distribute the content found on Designowl for internal, non-commercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to Designowl. You may not use Designowl or any of them to compile a collection of listings, including a competing listing product or service. You may not use Designowl or of our content for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in respect of the content or the products, services, processes or technology described therein. All such rights are retained by Designowl, its affiliates, subsidiaries, parent companies, and/or any third party owner of such rights.
Your Postings and Other Submissions
As part of your use of the Site, you may participate in certain lookbooks, comment boards, member communications and/or other public forums. Your participation is voluntary; however, by choosing to create lookbooks, post photos or comments, send any messages, or otherwise participate in any Designowl forum, you acknowledge and agree that any postings, messages, text, photos, audio/visual works, information, reviews or content provided by you (collectively, "Content") may be viewed by the general public and will not be treated as private, proprietary or confidential. You hereby grant to Designowl and our affiliates, licensees and sublicensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute such Content, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in such Content. Such permission shall be perpetual and may not be revoked for any reason, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Content posted by you to or through this Site.
Designowl acknowledges and agrees that you, or your licensors as applicable, retain ownership of any and all copyrights in the Content, subject to the non-exclusive rights granted to Designowl in the paragraph above, and that no ownership of such copyrights is transferred to Designowl under these terms.
You agree not to post or provide any Content that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you first obtain permission to do so, and to grant to us the rights granted in this agreement, from that person (or such person’s parent/legal guardian, if applicable).
If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates, licensees and sublicensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason, except as required by the applicable law.
You further agree that we may use the posted or provided Content in any manner that we deem appropriate or necessary. We reserve the right to edit or abridge any Content for any reason, and to edit, refuse to post or remove any Content submitted by you or others. We do not guarantee that we will post all Content submitted or that such content will not be offensive, defamatory or objectionable. Although we reserve the right to remove without notice any Content for any reason, we have no obligation to delete Content that you personally may find objectionable or offensive. We do not control in real time the Content posted via the Services and as such do not guarantee the accuracy, integrity or quality of such Content. In addition to other disclaimers found in this Agreement, we do not endorse or make any warranties or representations with respect to the accuracy, completeness or timeliness of any Content posted on the Site.
Third-Party Links
The Site may contain links to other websites (the "Third-Party Sites") for your convenience. We do not control the linked websites or the content provided through such Third-Party Sites. Your use of Third-Party Sites is subject to the privacy practices and terms of use established by the specific linked Third-Party Site, and we disclaim all liability for such use. The fact that we offer such links does not indicate any approval or endorsement by us of any linked Third-Party Site or any material contained on any linked Third-Party Site, and we disclaim any such approval or endorsement. We do not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites.
Content Removal
We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our users in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances. Any review, which is derogatory, defamatory or hateful and without any substantial evidence may be taken down at our sole discretion. User reviews do not reflect the opinion of Designowl.
YOUR LICENSE TO DESIGNOWL CONTENT:
We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Designowl Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, Designowl Content or our IP Rights.
Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.
CONTENT GUIDELINES AND PRIVACY POLICY
Content Guidelines
You represent that you have read, understood and agreed to our Guidelines and Polices related to Content.
Privacy Policy
You represent that you have read understood and agreed to our Privacy Policy. Please note that we may disclose information about you to third parties or government authorities if we believe that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process/notice served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the general public.
PRODUCTS AND SERVICES ON DESIGNOWL
You may be provided the opportunity on the Site or through the Services to purchase products or services that are offered, sold or manufactured by third parties (collectively "Products"). Such Products may be available for purchase directly from third-parties or from Designowl.
The availability of any Products on the Site does not imply our endorsement of the Products. Reviews are solely the opinions of the users that post them. None of the Reviews contain or reflect any opinions or views of Designowl.
We do not represent, warrant or guarantee that the Product descriptions are accurate, complete, reliable, current, or error-free. If a Product bought directly from Designowl is not as described, then your sole remedy is to return it in unused condition
Designowl and sellers on the Site strive for accuracy in pricing of the products sold. However, occasional errors or mistakes may cause inaccurate prices to appear on the Site. We have the right to void any purchases that display an inaccurate price.
DISCLAIMER OF WARRANTIES
All materials and services on the site are provided on an "as is" and "as available" basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, we make no warranty that (a) the services and materials will meet your requirements, (b) the services and materials will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the services or materials will be effective, accurate or reliable.
The site could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the materials and services at the site at any time without notice to you. The materials or services at the site may be out of date. We make no commitment to update such materials or services.
Your use of any services or the downloading or other acquisition of any materials through the site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, electronic and digital files or loss of data that may result from such activities.
Through your use of the Site, you may have opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller/purchaser of such merchandise or services and you. You agree that either Designowl or its Affiliates can be a party to any commercial contract between you and any sellers/purchasers.
We make no warranty regarding any transactions executed through, or in connection with the site, and you understand and agree that such transactions are conducted entirely at your own risk. Any warranty that is provided in connection with any products, services, materials, or information available on or through the site from a third party is provided solely by such third party, and not by us or any of our affiliates.
Content available through the Site often represents the opinions and judgments of an information provider, Site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Designowl spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of the Site for further information, which policies are incorporated by reference into these Terms and Conditions of Use.
You understand and agree that temporary interruptions of the services available through the Site may occur. You further understand and agree that we have no control over third party networks you may access in the course of your use of the Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services and features available on the Site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
LIMITATION OF LIABILITY
In no event shall we or our affiliates be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any other direct or indirect damages, including without limitation, those resulting from loss of use, data or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the site or of any other website referenced or linked to from the site.
Further, we shall not be liable in any way for third party goods and services offered through the site or for assistance in conducting commercial transactions through the site, including without limitation the processing of orders or payment of any consideration.
You understand and agree that we provide the services and features associated with the site conditioned on your understanding of, and agreement with, the prescribed limitations of liability and disclaimers of warranty set forth in these terms and conditions of use. But for your agreement with these limitations and disclaimers, we would not provide the services set forth herein. Consequently, you specifically agree that you understand and agree to these limitations and disclaimers.
INDEMNIFICATION
You agree to fully indemnify, defend, and hold Designowl.com, its directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (i) your access or use of Designowl.com; (ii) any allegation that your Information, Services, User Content infringes or otherwise violates the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (iii) breach of this Agreement (iv) your negligence or willful misconduct.
SECURITY AND PASSWORD
You are solely responsible for maintaining the confidentiality of your password and account. You are solely responsible for all statements made and acts or omissions that occur through the use of your password and account, whether by you or another party in possession of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
PARTICIPATION IN PROMOTIONS
From time to time, the Site may include advertisements associated with offers by third parties. You may feel free to enter into correspondence with or participate in promotions of any advertisers showing their products on the Site. Any such correspondence or promotions, including the delivery of, and the payment for, goods or services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion. You agree that we have no liability, obligation or responsibility for any aspect of your correspondence or transactions with the advertiser. You also understand that the inclusion of an advertisement on the Site does not constitute our endorsement of any offer or promotion associated with that advertisement, nor, does it constitute endorsement of any entity associated with or responsible for the advertisement. You assume all risk associated with any correspondence or transaction with the advertiser.
COMMUNICATION WITH USERS
We may make email, messaging, blogging, or chat services (collectively, "Communications") available to users of our Site, either directly or through a third-party provider. Where additional Communications services are provided, we may require that you execute separate supplemental agreements covering those services and characterizing the relationship between you and us that, except where expressly noted or contradictory in the supplemental agreements, includes these Terms and Conditions of Use.
We will not inspect or disclose the contents of your private Communications except with the consent of the sender or the recipient, or in the narrowly defined situations provided under the applicable privacy laws or as otherwise required by law or by court or governmental order. Further information concerning our treatment of your private Communications is available in our Privacy Policy.
At our sole discretion, we may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect and may affect the transmission of both legitimate and unsolicited Communications between parties. Regardless, you agree that we are not responsible for any legitimate Communication that is blocked, or for any unsolicited Communication that is not blocked.
INTERNATIONAL USE
Although the Site may be accessible worldwide, we make no representation that materials on the Site are appropriate or available for use in locations outside India or that the Site complies with any country's privacy laws. Accessing the Site or materials from territories where the content is deemed illegal is prohibited. If you access the Site from locations outside the India, you do soon your own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Site is void where prohibited.
TERMINATION OF USE
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms and Conditions of Use. Where, in our reasonable opinion, there is any suspected fraudulent, abusive, inappropriate, or illegal activity, such activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension of your access, regardless of the reasons therefore, your right to use the services available on the Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
GOVERNING LAW, VENUE, ARBITRATION
The Site (excluding any linked sites) is controlled by us from our office within the state of Maharashtra. It can be accessed from all states of India, as well as from other countries around the world. As each of these places has laws that may differ from those of India, by accessing the Site, both of us agree that the statutes and laws of the India, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the Site and the purchase of products and services available through the Site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of any court of competent jurisdiction or arbitrator in Mumbai with respect to such matters.
NOTICES
All notices to a party shall be in writing and shall be made via email. Notices to us must be sent to the attention of Customer Service at contact@designowl.com by email. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Site to inform you of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
GENERAL PROVISIONS
The terms of this Agreement, any rights, obligations, or remedy hereunder may not be transferred, assigned, delegated or sublicensed by You except with Designowl’s prior written consent, and any attempt to assign, transfer, delegate, or sub-license without prior written consent from Designowl.com shall be null and void. Designowl.com may assign, transfer, or delegate this Agreement or any rights or obligations or remedy hereunder in its sole discretion. These terms of use together with Privacy Policy and any amendments constitutes the entire Agreement between You and Us relating to the subject matter herein and supersedes any and all prior written or oral agreements between You and Us with respect to such subject matter. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of the remaining provisions. This Agreement may not be changed, waived or modified except by Designowl.com as provided herein or otherwise by written instrument signed by Designowl.com. No waiver by Designowl.com of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
