Terms and Conditions
PRISMMA : TERMS AND CONDITIONS
This Agreement sets forth the terms that apply to your use of the Prismma Website (Website), presently located at www.prismma.in The Website is owned and operated by Prismma Living (P) Ltd. Your use of the Website constitutes your acceptance of these terms. Please read this User Agreement carefully.
By using this ‘Website’ you are agreeing to be legally bound by the following terms, which shall take effect immediately on your first use of the site. If you do not agree with the rules contained in this Agreement, please do not use the Service.
All material on the site is the property of Prismma Living (P) Ltd unless otherwise stated.Unless content carries the share icon you may not copy, reproduce, download, post, make available to the public, or otherwise use the content in any way except for your own personal, non-commercial use.You also agree, on entering this site, not to adapt, alter or create a derivative work from the site content except for your own personal, non-commercial use.
You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the same. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Website.
The content of www.prismma.in including the information, names, images, pictures, logos and icons regarding or relating to or Prismma , its products and services (or to third party products and services), is provided “AS IS” without any representations (whether express or implied by law) to the extent permitted by law, including the satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
Where you are invited to submit any contribution to the Website you agree, by submitting your contribution, to grant Prismma Living (P) Ltd the right to reproduce, modify, adapt, publish, translate, create works from, distribute, perform, play, make available to the public, and / or to incorporate your contribution in other works in any media now known or later developed.
References in this Agreement to the Website will be deemed to include not just the www.prismma.in website itself but also any and all ancillary websites or Internet services (such as www.prismmamagazine.com and any ancillary services, activities or materials that we may provide in connection with the Website such as any e-mail newsletter, blog, Facebook fan page or Twitter, to which Website users may subscribe). The terms of this Agreement will apply to the Website and all such ancillary items.
Right to Modify
We have the right at any time to change or discontinue any aspect or feature of the Website including, without limitation, the content, pages, participatory areas, hours of availability, and equipment or formats needed for access or use. Such changes, modifications, additions, deletions or other revisions will be effective immediately upon notice, which may be given by any customary means, such as posting on the Website a revised version of this Agreement or notification by electronic mail. Any use by you of the Website after such notice is given will conclusively constitute your acceptance of the revisions in question. You agree to review the terms and conditions of this Agreement periodically in order to be aware of such revisions.
Copyrights & Related Rights
The Website contains copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the copyright in the overall website, as a collective work, is owned by us. We also own the copyright in the selection, coordination, arrangement and enhancement of such content, and in all content that we create. Each third-party content licensor/provider owns the copyright to the original material.
Use of Site Content
Use of any of the website content for any purpose not expressly permitted in this Agreement is prohibited. Except as expressly authorised by us, you may not modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt or create a derivative work of, in any manner, any material, content, design elements, or code/software obtained from the website. However, you may print or download such material from the Website if this is solely for personal or non-commercial use, provided you do not republish the Material and you keep intact all copyright, trademark, service-mark, patent and other proprietary notices. You acknowledge that you will not acquire any ownership or proprietary rights by downloading copyrighted or protected material.
Framing & Association with Unauthorised Advertising
You may not frame the website without our express written permission, and, in particular, you may not display the content on the website in any format where third-party advertising or other materials not authorised by us are viewable in conjunction with our proprietary content.
The Site contains links to other websites, resources and advertisers. We are not responsible for the availability of these external sites, nor do we endorse or assume any responsibility for the content, information, advertising, products or other materials made available on or through such external sites. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. Any concerns regarding such content, goods or services must be directed to the administrator or webmaster of the external site in question. We reserve the right, in our sole discretion, to terminate links with any third parties or other websites that we deems inappropriate or inconsistent with the website.
Advice & Opinions
The Website contains facts, views, opinions and statements of third parties, users and other organisations. Our company, its parents, affiliates and subsidiaries does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through the Website. You acknowledge that any reliance upon any such advice, opinions, statement or other information shall be at your sole risk and you agree that our company, its parents, affiliates and subsidiaries will not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any advice, opinions, statements or other information displayed or distributed on the Website.
As used in this Agreement, the term Interactive Segments refers to user-generated photo areas, commenting sections, forums and any and all other existing or future areas on the website that enable users to post to the Site or otherwise to actively participate in or interact with the website
Conduct & Rules of Use
The interactive segments may be used only for lawful purposes.You may not transmit or post any message or material that is threatening, abusive, offensive, defamatory, vulgar, obscene, or otherwise objectionable, or that encourages conduct that would be a criminal offense, or physically dangerous, or an infringement or violation of any publicity or privacy rights or other rights of any person or third party. No conduct may be undertaken that, in our sole judgment, restricts or inhibits any other user from using or enjoying the interactive segments
The interactive segments are for discussion and debate. You may not use them to post or transmit advertisements or commercial solicitations of any kind, except as may be expressly permitted by us.
Posting of Third-Party Material
You will not upload, post or otherwise make available on the interactive segments any material protected by copyright, trademark or other proprietary right without the express permission of the applicable rights-holder. You are responsible for determining if any material to be posted is protected by copyright, trademark or other proprietary right and such permission is therefore required. You will be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm, that results from any uploading, posting or submission by you.
You warrant that your contribution:
- Is your own original work and that you have the right to make it available for the purposes specified above
- Is not defamatory
- Does not infringe any law
You agree to indemnify Prismma Living (P) Ltd , against all legal fees, damages, and other expenses that may be incurred as a result of your breach of the above warranty, and waive any moral rights in your contribution for the purposes of its submission to and publication on www.prismma.in and the purposes specified above. These terms shall be governed by and interpreted in accordance with the laws of the state of Delhi, India.
You hereby grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message or item posted in or uploaded to any of the Interactive segments by you and/or any e-mail (in whole or in part) sent by you to us, and/or to incorporate the same, in whole or in part, in other works in any form, media or technology now known or later developed.
Our communications with you will generally be by means of e-mail/Facebook. All e-mail sent to us must be generated by the person in whose name the e-mail account is registered. E-mail users may not mask their identities by using false names or other persons’ names or accounts. We will use your e-mail address and the content of any e-mail for correspondence and user-response purposes. Any non-personal information you provide to us by e-mail, including, but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, shall be deemed to be non-confidential and we assume no obligation to protect any such non-personal information from disclosure.
Disclaimer of Warranty: Limitation of Liability
Use at Own Risk. You expressly agree that use of the Participatory Areas and Website is at your own sole risk. Neither we, our affiliates, nor any of their respective employees, agents, third party content providers or licensors warrant that the Website will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from use of the Website or as to the accuracy, reliability or content of any information, service or products provided through the Websites or the Interactive segments.
Website Provided As Is
The Website and the Interactive Segments are provided on an “as is”, “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.
No Consequential Damages
In no event will we or any person or entity involved in creating, producing or distributing the Website be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Website, or out of the breach of any warranty. You hereby acknowledge that the provisions will apply to all content on the Website or Interactive segments.
No Liability for Inaccuracies
We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement on the Website, nor for any offensive, defamatory or obscene posting made in the participatory areas by anyone other than our authorised employee spokespersons while acting in their official capacities. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through either the content on the Website and/or any postings in the participatory areas. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website and/or interactive segments. You should seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including (without limitation) financial, health, or lifestyle information.
No Warranty of Any Product or Service
We do not endorse, warrant or guarantee any products or services offered through the Website and will not be a party to or in any way monitor any transaction between users and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution, as appropriate. We make products or services available on the Website without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under applicable laws.
The disclaimers of liability, apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record, whether for breach of contract, indirect behaviour, negligence, or under any other cause of action. You specifically acknowledge that we are 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.
You agree to defend, indemnify and hold harmless our company, its affiliates and their respective directors, officers, employees, representatives, agents and successors from and against all claims and expenses, including legal fees, arising out of the use by you of the Website or Interactive Segments.
All trademarks appearing on the Website are the property of their respective owners.
We may sometimes offer users of the Website the opportunity to participate in contests or other special events. You may not have to be a member of the Website to participate in certain contest or events, but you must meet the designated minimum age requirements (for example, we may require that you be at least 18 years of age). We will establish specific rules and terms for participation in each contest and event and will post this information on the Website.
Products and Other Services
With respect to products and services offered for sale through the Website, you will be informed, on the screen(s) where you make the purchase, of all terms of the offer, including but not limited to pricing, methods of payment, shipping and handling, credit card information, sales tax, return and refund policies and applicable privacy policies.
We have the right to terminate this Agreement immediately and to block your access to the Website if we determine, in our sole discretion, that you have breached this Agreement or are otherwise not an appropriate user of the Website.
Copyright © 2011 PRISMMA LIVING (P) LIMITED. All rights reserved.
The material contained within this document may not be distributed, transmitted, cached or otherwise used, except with prior written permission from PRISMMA LIVING (P) LTD