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Terms & Conditions
Welcome to IndianShutter.com! We hope you enjoy your visit, and find that using our service is productive, easy and fun.
Before you begin setting up your account with IndianShutter.com (herein and hereinafter referred to as “we”, “us”, or “IndianShutter.com”), please read the following Terms of Use (“Terms”) carefully.
These Terms govern your access to and use of the IndianShutter.com service (“Service”). If you (“you”) agree to these Terms, and wish to use the Service, please click on the “Sign Up” button. This will constitute a binding agreement between you and IndianShutter.com. Your access to and use of the Service are expressly conditioned on your compliance with these Terms. To decline acceptance, click the “Cancel” button. Note that any violation of these Terms may result in termination of our Service to you.
IndianShutter.com reserves the right to change these Terms from time to time. Please refer to this site periodically for any changes. By continuing to access or use the Service after IndianShutter.com makes any such changes, you agree to be bound by the revised Terms.
Please not that not reading this agreement before accepting does not construe non acceptance of this agreement.
1 Your submissions
1.1. You may submit certain material to IndianShutter.com as permitted from time to time by IndianShutter.com, including photographic images, as part of your use of the Service (“Submissions”).
1.2. Under these Terms, you agree that you will NOT post, place or transmit any of the following material or obtain any such material using the Service:
a) Any threatening, defamatory, abusive, obscene, pornographic, inappropriate or profane material or any other material that could give rise to any civil or criminal liability under applicable law. IndianShutter.com recommends you use an “adult-content” warning in your description when images are being uploaded, that include legal adult content;
b) Any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material if applicable;
c) Any material sent from an anonymous or false address;
d) Any material that promotes bigotry, racism, hatred or harm against any individual or group.
1.3 While IndianShutter.com is not responsible for content of Submissions provided by IndianShutter.com users, IndianShutter.com reserves the right in its discretion to:
(a) Review, delete, move or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, inappropriate, or in violation of copyright or trademark laws, or otherwise unacceptable, or
(b) Take any other action that IndianShutter.com deems necessary relating to use or misuse of the Service. IndianShutter.com may request confirmation of the copyright or trademark ownership from the submitter.
1.4. If IndianShutter.com does not receive any such confirmation or if there are continued claims of copyright or trademark infringement relating to certain Submissions, IndianShutter.com reserves the right to:
a) Suspend the shipping of an order relating to the Submission in question, and/or
b) Share the submitter’s account information with governmental organizations, law enforcement authorities or other third parties.
1.5. If you, as a submitter, dispute any copyright or trademark infringement claims, we will share with you the contact information of any party claiming any such infringement. In the event of any such dispute, IndianShutter.com reserves the right to suspend the display, viewing or sharing of any Submissions until the issue has been resolved.
1.6 You hereby grant to IndianShutter.com a non-exclusive, royalty-free license to edit, display, publish, set a price for as applicable in the Submission Pricing Section, distribute, repackage, copy, transmit, display and distribute your Submissions for the sole purpose of delivering the Service. In addition, you warrant that all moral rights in any Submissions and uploaded materials have been waived and do hereby waiver any such moral rights.
1.7. Your electronic sharing of your images on IndianShutter.com constitutes permission for selling on Indianshutter.com. IndianShutter.com will not be liable for the content of any Submission and expressly disclaims all liability relating thereto.
1.8. Your electronic sharing of your images on IndianShutter.com also constitutes permission for repackaging of your image, including changing image dimensions, dpi and other details, for sale across media types including print, mobile, web, and all other media.
1.8. You may delete your images on IndianShutter.com. The image will be physically deleted by IndianShutter.com only after due verification that there is no transaction on IndianShutter.com involving the image you have chosen to delete. In case a buyer has completed a transaction process for buying the image you have uploaded, you are bound to accept the terms of the transaction, and cannot delete your submission till the transaction has been closed.
2. Copyright notice
IndianShutter.com is committed to protecting photographers’ copyrights and expects users of the Service to do the same. Each image submitter is required by Indian and International law to own the right to, or to obtain permission to, use any image before the image is uploaded or sold on IndianShutter.com. At IndianShutter.com’s discretion and in appropriate circumstances, IndianShutter.com may terminate the accounts of users or prevent access to the Service by users who infringe the intellectual property rights of others.
3. Age requirements
You must be at least 13 years of age to use our Service. If you, your parent or guardian, have any concerns please feel free to contact us.
4. About your account
4.1 You can allow other people to view selected images in your account through the Share a Lightbox feature. The people you invite to view your images through online share will be able to see the images in the Lightbox you have selected for them and will not have access to your entire account.
4.2 Linking directly to images on IndianShutter.com’s servers from external sites is expressly prohibited.
4.3 We need to be able to access your account for the following reasons:
a) We can remind you of your password in case you forget it; if this becomes necessary, we send an email upon your request to the address from which you opened your account;
b) To maintain our Service to you and develop new and useful features and services;
c) To follow a court order, subpoena, complaint or a lawful request from governmental authorities;
5. IndianShutter.com Account Policies
5.1 Membership on IndianShutter.com is divided into two account categories, Free and Premium. You are a FREE MEMBER or a PREMIUM MEMBER depending on the membership choice you make during the registration process.
5.2 Free members do not pay to register on IndianShutter.com
5.3 Premium Members can choose any one of GOLD or PLATINUM as a Premium Membership Type.
5.4 IndianShutter.com reserves the right to close accounts set up for fraudulent purposes.
6 Pricing your Submission
6.1. IndianShutter.com reserves all rights to deciding the price at which an image uploaded by a Free Member is to be sold.
6.2 Premium Members reserve the right to price their images.
6.3. As a Free Member, you agree to be bound by all pricing rules and regulations that IndianShutter.com may set from time to time.
6.4. IndianShutter.com may work out bulk pricing options for clients. Free Members’ submission may be a part of this bulk pricing.
6.5 As a Premium Member, you can price your image submissions at your own discretion.
6.6 IndianShutter.com does not accept any responsibility for selling an image at a price specified by IndianShutter.com or at a price specified by a Premium Member. While IndianShutter.com may rework pricing for submissions made by Free Members, IndianShutter.com will not rework or negotiate pricings specified by Premium Members, or offer such Premium Member images as part of a bulk pricing.
7. Revenue Sharing on IndianShutter.com
7.1 You as a Free member are entitled to a 20% Revenue share, if any submission made by them to IndianShutter.com is sold.
7.2 You as a Premium Members – Gold – Are entitled to a 50% Revenue share, if any submission made by them to IndianShutter.com is sold.
7.3 You as a Premium Members – Platinum – Are entitled to an 80% Revenue share, if any submission made by them to IndianShutter.com is sold.
7.4 All revenues to the member will be after due deduction of taxes, as set out from time to time by Indian Taxation Laws.
7.5 You will receive payments via crossed cheque favouring member first name and last name, or electronically transmitted into a paypal account if provided by you.
7.6 All payments will be made in Indian Rupees only. All local taxes, currency conversion charges and transaction charges applicable will be borne by the member.
7.7 Revenues will be paid in multiples of Rs. 1000 only. All requests for interim payments or part payments will be summarily denied in any case whatsoever, including termination of your account on IndianShutter.com
8.8 You may monitor your revenue on a time to time basis using tools provided for the same on IndianShutter.com, by clicking on the My Transaction Link. This tool tells you all transactions executed on IndianShutter.com pertinent to your submissions only.
8 Buying Images on IndianShutter.com
8.1 You are allowed to buy an image on IndianShutter.com electronically through credit card payment or through paypal only. Cheques, Demand Drafts, Cash and other forms of payment delivered directly or indirectly will not be accepted.
8.2 On successful completion of a transaction, you will receive a link, to the email account you have specified. Through this link, you can download the image you purchased on IndianShutter.com
8.3 The link provided to you for downloading the image will stay alive for 48 hours only, and will expire post 48 hours. If you were for some reason not able to download the photo, do contact info@indianshutter.com. The onus of proving that you were not able to download the image for whatsoever reason, including but not restricted to downtime of your ISP, lack of access to the internet, bandwidth problems, etc, rests solely with you.
8.4 IndianShutter.com will not be responsible for mails not delivered to your account, due to any reason whatsoever, including spam filters or other such policies, rules or regulations in place on your account.
8.4 You are expressly forbidden to share the email sent to you for the express purpose of downloading the image you have purchased from IndianShutter.com, with any other entity for any reasons whatsoever, including forwarding directly or indirectly, through electronic, digital, or any other media, or through word of mouth, print, written or in any other form. IndianShutter.com will block any access to the link after a maximum of three clicks.
8.5 You are bound to protect the mail sent to you containing the link to the image you have purchased from IndianShutter.com, including but not restricted to not sharing the mail with others, not leaving the mail accessible to others, etc.
8.6 You are requested to read the image specifications carefully, and view the image in the modes provided before making a decision on purchase of images. No requests for a refund from IndianShutter.com on your transaction will be entertained due to any reason whatsoever.
8.7 The owner of image you purchased on IndianShutter.com will also be intimated of all transactions between you and IndianShutter.com, including price details, quantity, etc.
9. Web addresses (URLs)
As part of IndianShutter.com’s sharing service, IndianShutter.com may provide users with access to and use of pages on the IndianShutter.com site and the corresponding online web addresses (URLs) that, in some cases, may be chosen by the user. IndianShutter.com does not guarantee the availability of a particular web address. IndianShutter.com also reserves the right, at any time and for any reason, to deny, reclaim, suspend, terminate and/or transfer any web page or address provided by IndianShutter.com to a user as it deems necessary in its sole discretion and, at IndianShutter.com’s option, to provide users with an alternative web page and address.
10. Cancelling the service
If you violate any of these Terms, your permission to use the Service will terminate automatically. IndianShutter.com reserves the right to cancel the Service or to discontinue accounts that have been inactive. We may do so at our discretion after sending an email warning to the address you used when you set up your account and waiting for a reasonable period for your response.
11. Third-party links
We may provide links to third-party sites that might be of interest to you, however, we have no control over the content or availability of the contents of these sites. You acknowledge and agree that IndianShutter.com is not responsible or liable for the availability or accuracy of such sites or the content, products or services on or available from such sites. Links to third-party sites do not imply any endorsement by IndianShutter.com of such sites or the content, products or services available from such sites. It is your responsibility to become familiar with each site’s privacy and other policies and terms of service, and to contact that site’s Webmaster or site administrator with any concerns. You acknowledge sole responsibility for and assume all risk arising from your use of any such sites.
12. Copyrighted material and software
All of the information, content, and materials we offer are protected by copyright and other applicable laws of both India and foreign countries. You may not copy or distribute such material without the copyright owner’s prior written consent. You may use these materials for personal, non-commercial use only, subject to the restrictions set forth in these Terms, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials.
All right, title and interest in and to the IndianShutter.com site and Service is and will remain the exclusive property of IndianShutter.com and its licensors. You may not copy or modify the HTML code used to generate web pages on the site. You may not use the site or Service on, or in connection with, any other website, for any purpose.
Privacy policy
When you create an account with IndianShutter.com, you need to provide some personal information, such as your name, email address, and mailing address. We protect and use this information as set forth in our Privacy Policy.
Indemnification
You agree to indemnify, defend and hold us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Terms, or any activity related to access to or use of your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account and/or (ii) a claim that a Submission infringes third party intellectual property rights.
Claims
Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties agree that these Terms and any claims hereunder shall be governed by and subject to the state and federal laws of Mumbai, without regard to its conflict of law provisions, and hereby consent to jurisdiction and venue in the courts of the Mumbai located in Mumbai, India.
Disclaimer of warranties
THE SERVICE, CONTENT AND/OR MATERIALS AVAILABLE THROUGH IndianShutter.com’S SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INDIANSHUTTERs.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INDIANSHUTTER.com MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INDIANSHUTTER.com MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH INDIANSHUTTER.com’S SITE OR ADVERTISED THROUGH INDIANSHUTTER.com’S SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM INDIANSHUTTER.com OR THROUGH THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL INDIANSHUTTER.com BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF INDIANSHUTTER.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, INDIANSHUTTER.com’S SITE OR SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT INDIANSHUTTER.com IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, INDIANSHUTTER.com WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE. YOU AGREE THAT THE AGGREGATE LIABILITY OF INDIANSHUTTER.com TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE OR SERVICE IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO INDIANSHUTTER.com FOR ACCESS TO AND USE OF THE SITE OR SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Customer Policy for Idea Submission
Many of our customers are interested in submitting ideas for products and services to be used at IndianShutter.com, either independent of, or in conjunction with, our internally developed concepts. We appreciate our customers’ interest in improving our service; however, please note our policy on external idea submission:
Unsolicited ideas submitted to IndianShutter.com, Inc. or any of its employees automatically become the property of IndianShutter.com.
By submitting unsolicited ideas to IndianShutter.com, Inc. you automatically forfeit your right to the intellectual property of these ideas.
If you intend to own the intellectual property rights of your ideas in any way (patent, trade secrets, copyright, trademark, etc.) please do not submit your concepts or prototype samples to IndianShutter.com, Inc. or its employees.
Instead:
Send a message to morevalue@INDIANSHUTTER.com and describe ONLY the general application.
If we think there is opportunity to pursue your idea further, we will contact you. Please note that a legal agreement may be required by IndianShutter.com in order to evaluate your concept(s).
Intellectual Property
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IndianShutter.com will have the right to investigate and prosecute any violations of intellectual rights infringement and/or web site security issues, to the fullest extent of the law. IndianShutter.com may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that IndianShutter.com has no obligation to monitor your access to, or use of, the Service, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other government body.
If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.
These Terms constitute the entire agreement between you and us with respect to this Service, and supersede all other communications, written or oral, with regard to the Service. The failure of IndianShutter.com to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Last updated : 27th August 2006
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