Terms and Conditions

This document contains terms and conditions (“Terms of Use”) as an electronic record pursuant to the provisions of the Information Technology Act, 2000, (“IT Act”), and rules made thereunder. Further, this electronic record is generated by a computer system and does not require any physical or digital signatures. This electronic record is published in accordance with the relevant provisions of the IT Act and rules made thereunder.

1. WEBSITE

Please note that the website having the domain name trimpixel.com (the “Website”), is owned, managed and operated by Lorem Ipsum Software Private Limited, a company incorporated under laws of Republic of India, having its registered office at L-388, POCKET L, SARITA VIHAR SOUTH, New Delhi , Delhi, 110076 (hereinafter collectively referred to as “We”, “Company”, “Us”, or “Our”).

GENERAL TERMS

For the purpose of these Terms of Use hereinabove, wherever the context so requires, the terms “You”, “you”, “Your”, “your”, or “User”, shall mean and include, any person who visits, browses, uses or accesses the Website, avails any of the Services (as defined below) of the Website, or any person who registers himself/herself on the Website by creating an Account (as defined below) on the Website.
We provide certain services relating to: (i) presenting slides, media, documents, and customized feeds with the hybridization of virtual and live elements on any video communication software, video conferencing, web conferencing, meeting room, screensharing, cloud storage and other collaborative services offered through a software application which the User can order and download through the Website (“Product”); and (ii) accessing video conferencing and web conferencing through the Platform, in accordance with the terms and conditions as contained herein. This Terms of Use govern your use of the Website, Product and other services and features provided by us using the Website and the Product (“Services”).
You are requested to read these Terms of Use carefully before accepting the same and moving forward to using and accessing the Website or availing any Service.
By availing the Service(s) on the Website, and/or visiting, viewing, accessing or otherwise using the Service(s), and/or the Product or information created, collected, compiled or submitted to the Website, you are deemed to have agreed to these Terms of Use and all the policies of the Company/Website.
IN CASE YOU DO NOT AGREE WITH THESE TERMS OF USE, THEN PLEASE REFRAIN FROM USING AND ACCESSING THE WEBSITE, REGISTERING ON THE WEBSITE AND AVAILING ANY OF THE SERVICES ON THE WEBSITE.
The Terms of Use contained in this electronic record are read together with (i) the Privacy Policy (as defined below) of the Company, as available and uploaded on the Website which can be accessed at [insert access link here]; and (ii) any other agreement/arrangement entered between the User and the Company in relation to the purchase of the Product or availing of the Services (collectively “Company Documents”). It is expressly clarified that the Company Documents shall be considered as part and parcel hereof and shall be deemed to be incorporated herein by reference and, together with these Terms of Use, shall constitute the entire legally binding agreement between You and the Company in connection with your access, visit or use of the Website for the availing of the Services, in any manner. Therefore, by impliedly or expressly agreeing to be bound by these Terms of Use and/or through use and access of Services of Website, the User also agrees to be bound by the terms and conditions of the Privacy Policy, as may be updated, amended or revised from time to time.
The Company reserves the right to change, modify, amend, or update the Terms of Use, at its discretion, from time to time and such amended provisions of the Terms of Use shall be effective immediately upon being posted/ uploaded on the Website.
8. It is hereby clarified that the Company/ Website may, from time to time, change provisions related to any of the Services which also include changing of the extent and scope of the Services and/ or include any other category of service or facility within the term ‘Service’, at the sole discretion of the Website. You can determine when these Terms of Use were last revised by referring to ‘LAST UPDATED’ at the top of these Terms of Use. Your continued use of the Website shall be deemed to signify Your acceptance of these provisions or amended provisions of these Terms of Use. It shall be the User's responsibility to check these Terms of Use periodically for changes. It is, further, clarified that the User’s use and access of the Website/Service(s) is subject to the most recent version of these Terms of Use made available on the Website at the time of such use.
9.These Terms of Use are published in compliance of, and is governed by the provisions of the IT Act and the rules, regulations, guidelines and clarifications framed there under.

3. DEFINITION

“Account" shall mean the account/user profile created by the Users on the Website by submitting the User Data, in accordance with the terms as specified under Clause 4 (Creating An Account) below;

“Applicable Laws” means any applicable law, rule, regulation, ordinance, order, treaty, judgment, notification, decree, bye-law, governmental approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law and shall include any of the foregoing, injunction, permit or decision of any central, state or local, municipal government, authority, agency, court having jurisdiction over the matter in question;

“User Data” shall mean all the data and information as may be required by the Company for the purposes of registration of the User on the Website/creation of Account of the User on the Website and/or for the purposes of providing and enabling the Services to the User which may include, inter alia, name, email address, phone number, address, Bank account or card details, PAN number etc.

4. CREATING AN ACCOUNT

Please note that the Website provides various features and Services and in order to avail, access and use such features and Services, the Users may be required to create an Account on the Website and become a registered User by following a sign up process of the Website. The Website allows and provides the option to the Users to access, browse and view the Website, and place orders for the purchase of the Product, by providing certain User Data, such as, name, email address, contact number and address.
For the purpose of initiating the sign-up process on the Website for creation of the Account, the User is required to provide the User Data on the Website which includes, User’s name, email address, mobile number, city or pin code and password. For the purposes of purchasing the Product from the Website, the User may also be required to provide certain sensitive personal information which includes, the User’s PAN number and bank account or card details or any other information as may be required for undertaking transactions on the Website.
You will be required to enter a valid phone number while placing an order for the Product on the Website. By providing your contact number with us, You consent to be contacted by Us via phone calls, emails, any instant messaging services and/or any other mode of communication as the Company may deem fit, in case of any purchase order placed by you and the status of such purchase order.
It is clarified that by creating the Account on the Website/following the sign-up process, you agree to all the Terms herein, Privacy Policy and all other polices of Website which may be posted at an appropriate location of the Website.
You agree that you shall provide accurate and correct information for availing any of the Services of the Website, including, at the time of making the purchase of the Product on the Website or at the time of sign-up on the Website/creating the Account on the Website; and You shall also update such information and data, from time to time, in case of any change thereto and/ or as and when required and asked by the Website in this regard. The User agrees to provide all such information on the Website as and when prompted and required by the Website.
You agree that You shall log out of your Account at the end of each session in order to ensure complete security and secrecy of your data and the Website/Company’s data. The Company reserves the right to suspend or terminate your Account with immediate effect and for an indefinite period, if the Company has reason(s) to believe that the User Data or any other data provided by the User is incorrect or false, or that the security of the User’s Account has been compromised in any way, or there is a breach of these Terms of Use or upon any unauthorised use of the User’s Account by any third party.
You are solely responsible for maintaining the confidentiality of your Account and the display/user name and the login details, received by You at the time of your sign-up/sign-in and you are fully responsible for all activities that occur under the same and the Company shall not be liable or responsible in any manner whatsoever in this regard. You expressly agree that you will immediately notify Us about any actual or potential unauthorized use of your Account, display/user name, login details, and/ or other information related thereof or any breach of security by a third party and, in this regard, the Company/ Website shall not be responsible for any liabilities that such User may incur from the misuse of the Account or password or any data and information contained therein. You agree that the Company cannot and will not be liable for any loss or damage arising from your failure to comply with the Terms of Use.
It is clarified that upon receiving a notification/ intimation/ apprehension of any actual or potential unauthorised use of any Account, We may, at our discretion, take action to block access to such Account at the earliest and take all other actions as may be required under the Applicable Laws.
The User shall be responsible for safeguarding the Account and all the information and data associated with such Account. For the safety of the data and information in such Account and prevention of any possibility of any unauthorised use thereof, it is suggested to the User to not to disclose the login information to any third parties.

5. PRIVACY

You agree that during your use and access of the Website and/or availing of the Services offered by the Website, you will provide Us with certain information and other data as mentioned under the Terms of Use which may or may not be otherwise publicly available. Please note that We respect the privacy and confidentiality of such data and the provisions pertaining to such private information and data as provided by you under these Terms of Use, are governed under the Company’s privacy policy (“Privacy Policy”) which is available at https://www.trimpixel.com/privacy-policy/. By using and visiting the Website and availing the Services of the Website, you agree to the terms and conditions of our Privacy Policy.

Regarding your private information and data, We will only collect, use, disclose or process such information and data in accordance with our Privacy Policy, which you accept by your use and access of the Website and/or availing the Services on the Website. Please note that We may share such data and information with third parties as required to be shared in terms of and in the manner as set out under the Privacy Policy. By accepting these Terms of Use, you also agree to the terms and conditions as provided under our Privacy Policy.

6. USE OF WEBSITE

For the use and access of the Website, whether or not for provisions of availing the Services on the Website, in any manner, You must be 18 (eighteen) years of age or older. For this purpose, you agree that by visiting the Website or accepting these Terms of Use, you represent and warrant to the Company that you are 18 (eighteen) years of age or older, and that you have the right, authority and capacity to use the Website and avail Services and agree to and abide by the Terms of Use as provided herein. Further, the use and access to the Website can be availed only by such individuals who can form and enter into a ‘valid contract’ as per the conditions set forth under Indian Contract Act, 1872. It is hereby expressly clarified that the persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872, including minors, un-discharged insolvents, persons disqualified by law or of unsound mind, etc. are not eligible to use the Website.

You agree that you will act lawfully, diligently and honestly at all times when you access and use the Website and/or avail the Services and will comply with all the Applicable Laws, rules, regulations, legislations, notifications, circulars, guidelines, standards, codes, policies, orders, approvals, ordinances, judgments, decrees, injunctions, writs, arbitral award, bye-laws, or any similar form of decision, determination, or adjudication having the force of law, as amended from time to time, applicable to your use of the Website and/or availing the Services.

You agree that you will not interfere with, jeopardise, disrupt or harm the Website, the Product and/or Services and that you will not intercept, expropriate, re-use, steal or re-utilise any system, data, graphic media, coding or information comprised in or provided to you via the Website, the Product and/or Services and, at all times, comply with the Terms of Use and other policies of the Website.

We will provide you with any help you may reasonably require to access the Website but We shall not be responsible if you are unable to access any section of the Website or the Services for any reason. We do not guarantee you access to the Website at any and all times. We do not guarantee that while you are accessing the Website, your access will be uninterrupted, without delay/interference, secure and/or error-free or operate as set out and anticipated in these Terms of Use. Accordingly, We reserve the right, at any time, to suspend or discontinue the Website and/or the Services for any reason without incurring any liability or obligation to you.

You agree that the information you provide to the Company on the Website at the time of Sign-up and any time thereafter and any information displayed under your Account at all times will be true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Use herein and the other policies of Website, We shall have the right to indefinitely suspend or terminate your Account or block your access on the Website.

If We reasonably believe that your Account and password is being used / misused in any manner, We reserve the right to cancel your right to access the Website immediately without notice, and block access to all users from that particular IP address. You agree to notify Us and the Website immediately of any unauthorized use of your Account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your Account. However, you could be held liable for all the losses, claims and liabilities incurred by the Company due to someone else using your Account.

Further, by using the Website or sending emails, data, information or communication to the Website through the Website, you consent to receiving communications via electronic records from Us periodically and as and when required.

The information and Services shall not be used for any illegal purpose by You. You may not access our networks, computers, or the information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You may not attempt to gain unauthorized access to any information or Services, other accounts, computer systems, or networks connected with the Website. You may not use any automated means (such as a scraper) to access the Website, the information, or Services for any purpose. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her Account. Any attempt by any individual or entity to solicit login information of any other user of the Website or to access any such Account is an express and direct violation of these Terms of Use and of Applicable Law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.

We may, at Our sole discretion, suspend the User’s ability to use or access the Website at any time while We investigate complaints or alleged violations of these Terms of Use, or for any other reason.

7. CODE OF CONDUCT

1. Under these Terms of Use, the User agrees not to host, display, upload, modify, publish, transmit, update or share any information that:

belongs to another person and in relation to which it does not have any right of use;
infringes intellectual property rights (including any patent, trademark, copyright or other proprietary rights) of any person and privacy rights of any person;
is false or misleading in any way;
violates any law for time being in force;
harasses or advocates harassment of another person;
involves the transmission of “junk mail”, “chain mail” or unsolicited mass mailing or “spamming”;
promotes illegal activities or abusive, obscene, defamatory or libellous conduct;
solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
harms minors in any way;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
deceives or misleads the other Users of the Website about the origin of messages or communicates any information which is grossly offensive or menacing in nature;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
promotes an illegal or unauthorized copy of another person's copyrighted work;
provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, Account information, bulletins, friend request, or other areas of the Website or solicits passwords/ log-in information or personal identifying information for commercial or unlawful purposes from other users; and

2. The User agrees not to

reveal/disclose confidential or proprietary information of other Users, the Company/ Website or any third party when the User receives or comes in possession of such confidential or proprietary information;
incorporate any computer contaminant, software virus or any computer code or file or program on the Website designed to interrupt, destroy or limit the functionality of the Website;
incorporate or introduce any program on the Website that might infringe the intellectual property rights of any other User and/or of the Company/ Website;
download, copy, or reproduce any file or information available on the Website which the User knows, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed;
in any way, deface or vandalize the Website or prevent or restrict others from using the Website;
stalks, threaten or harass any other User or infringe upon or attempt to infringe upon their privacy;
infringe any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy, of the Company/ Website, other Users of the Website or any third Party;
impersonate any person or entity, or falsely state or otherwise misrepresent themselves or their affiliation with any person or entity;
directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any Applicable Law; and
create liability for the Company/ Website or cause the Company/ Website to lose (in whole or in part) the services of its internet service provider or other suppliers.

3. It is also clarified that you shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any service, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any service, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve the right to bar any such activity.

4. You agree that you shall not attempt to gain unauthorized access to any portion or feature of the Website or any feature pertaining to availing of Services or any other systems or networks connected to the Website or to any server, computer, network, or to any /services offered on or through the Website, by hacking, password “mining” or any other illegitimate mean.

5. You agree that you shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other client/customer/user/member of the Company/ Website including any Account on the Website not owned/operated/managed by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.

6. You agree that you shall not make any negative, denigrating or defamatory statement and/or comment about the Website/ Company or the brand name or domain name used by the Company/ Website or otherwise engage in any conduct or action that might tarnish the image, goodwill or reputation of the Website/ Company or other Users on the Website or other business partners of the Company or otherwise tarnish or dilute any of the Company’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by the Website.

7. You agree that you will not use the Website or any content thereof for any purpose which is unlawful or prohibited by the Terms of Use or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company/ Website, its Users and/or other third parties.

8. You agree that you shall, at all times, ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the rules thereunder as applicable and as amended from time to time and, also all Applicable Laws, rules and regulations and international laws, statutes, ordinances and regulations regarding availing of the Services. Further, you agree that you shall not solicit (directly or indirectly) any other Users of the Website to avail the Services of the Website being displayed on the Website, either independently or through a third party except through the Company/ Website.

9. The User shall indemnify and hold harmless the Website/Company, its owners, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from all losses, claims, damages, penalties, costs, expenses, demands, actions (including reasonable attorneys’ fees) suffered or incurred by the Website due to or arising out of breach of these Terms of Use and other policies of the Company/ Website.

10. To enable the use of your information supplied by you to us, so that usage of any such information by Us is not construed as a violation of any rights, you agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your information, in any media now known or not currently known, with respect to your information. We will only use your information in accordance with the Terms of Use and the policies of the Company/ Website applicable to the use of the Website.

TERMS RELATED TO SERVICES

1. The Website facilitates the User to use the video-conferencing and web-conferencing feature of the Website without any extra charges. However, in order to gain access to any other collaborative features, including, inter alia, conducting meetings or webinars without any time limits, recording such meetings and webinars, screensharing, cloud storage etc., the User has to purchase the Product and pay a purchase fee (“Product Fee”). The terms pertaining to the payment of the Product Fee is detailed in Clause 10 (Payment and Settlement Terms) of these terms.

2. You agree that You are solely responsible for the content sent or transmitted by You or displayed or uploaded by You while using the Services (“User Content”) and for compliance with all Applicable Laws pertaining to the User Content, including, but not limited to, laws requiring You to obtain the consent of a third party to use the User Content and to provide appropriate notices of third party rights. You represent and warrant that You have the right to upload the User Content to the Website and that such use does not violate or infringe any rights of any third party.

3. Under no circumstances will the Website be liable in any way for any:

User Content that is transmitted or viewed while using the Services;
errors or omissions in the User Content; or
any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to the User Content.

4. Although the Website is not responsible for any User Content, however, the Website at it own discretion may delete any User Content or choose to not transmit any User Content, at any time without notice to You, if it becomes aware that such User Content violates any provision of this Agreement, or any Applicable Law. You retain copyright and any other rights You already hold in such User Content which You submit, post, transmit or display on or through the Website.

5. You agree that You will not use and will not permit any third party to use, the Services to: (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the Services and the Product; (ii) knowingly or negligently use the Services in a way that abuses, interferes with, or disrupts the Website’s networks, Your User accounts, the Services or the Product; (iii) engage in activity that is illegal, fraudulent, false, or misleading; (iv) transmit through the Services any material that may infringe the intellectual property or other rights of third parties; (v) build or benchmark a competitive product or service, or copy any features, functions or graphics of the Website and the Product; or (vi) use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any Applicable Law or regulation; (vii) upload or transmit any software, User Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Services and the Product in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of the Website or other users of Services; (viii) engage in any activity or use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services, or any servers or networks connected to the Services or the Website's security systems; (ix) use the Services in violation of any of the Company’s policy or in a manner that violates any Applicable Law, and You agree that You are solely responsible for compliance with all such laws and regulations.

6. You may not reproduce, resell, or distribute the Services or any reports or data generated by the Services for any purpose unless You have been specifically permitted to do so under a separate agreement with the Company. You may not offer or enable any third parties to use the Services purchased by You, display on any website or otherwise publish the Services or any User Content obtained from a Service (other than the User Content created by You) or otherwise generate income from the Services or use the Services for the development, production or marketing of a service or product substantially similar to that of the Website.

7. Please note that the Company grants You a limited, non-transferable and non-exclusive licence to use and access and make personal use of this Website, but not to modify it, or any portion of it, in any manner, except with express written consent of the Company.

8. The User undertakes that the User shall use the Website/ Service(s) only for availing Service(s) and shall not permit the Website/Account/Service(s) to be used by or for the benefit of anyone other than the User without the Company’s prior written permission. The User is responsible for (i) providing the requisite data and information requested by the Website for availing the Service(s) and access features of the Website; and (ii) using the Website/ availing the Service(s) in accordance with all Applicable Laws and regulations.

9. In respect of the Services, the User may be allowed to provide feedback, ratings, reviews and particulars about the experiences in respect of the Service(s) (“Feedback”), which the Company/ Website may or may not publish at their sole discretion. It is clarified that the Company hereby disclaims all liability with respect to the content of the Feedback and it is clarified that the Company/ Website does not endorse any opinions or experiences contained within the content of such Feedback.

9. USER’S CONTENT

1. It is hereby clarified that the content that you upload or post will become our property and you grant us the worldwide, perpetual and transferable rights to such content, including but not limited to Feedback. We shall be entitled to, consistent with our Privacy Policy as adopted in accordance with Applicable Law, use the content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include any content you provide and are not entitled to any payment or other compensation for such use. You also grant us the right to sub-license these rights, and the right to bring an action against you for infringement of these rights. We reserve the right to edit or remove any material submitted/ posted to the Website, or stored on our servers, or hosted or published upon the Website.

2. Before posting any form of content on the Website, the User must verify the truthfulness and authenticity of the particulars of the content, including the time, place, and nature. Before allowing such content to be posted on the Website, We have the right and authority to verify the accuracy of such particulars related to the content with the respective sources provided by the User posting such content, if we feel that there is a need to check such accuracy. We have the right to upload content on behalf of third parties, subsequent to collecting such information and verifying it if we deem it necessary. Notwithstanding this, We can in no way be held liable for any false or misleading information.

3. In case any content is considered to be unlawful or against the law within any jurisdiction in which the Website can be seen and accessed, it shall be removed forthwith by us on being intimated by the authorities of the respective jurisdiction that such content is deemed unlawful. We cannot be held liable or questioned for the same.

4. All information, content or data posted/provided on the Website by the User is the sole responsibility of the User and by posting such content or information on the Website, you warrant and represent that you have valid rights and title in any and all content or information that you post on the Website and you have not infringed on any IPR belonging to any person and, in this respect, you will indemnify the Company or its affiliates for all claims arising out of any content that you post on the Website.

Posting/uploading of any information or material or content on the Website, which is harmful, defamatory, obscene, pornographic, libellous, invasive of another's privacy, profane, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner is prohibited and any user found to be involved in such activity on the Website will solely be liable for actions under the Applicable Laws.

10. PAYMENT TERMS

1. Please note that the User can avail the Services pertaining to accessing the video-conferencing and the web-conferencing feature, for a limited time, on the Website without any charge. However, to gain access to the other collaborative services offered through the Product, the User has to make payments towards the Product Fee. For the purpose of making payments towards the Product Fee, the User can make such payments by (a) Credit/Debit Card; (b) Net Banking; or (c) any other mode of electronic payment as provided on the Website.

2. Please note that any payment and transaction in respect of Service(s) under these Terms of Use may be facilitated by or through third-party payment processors, online fund transfer facility through banks or credit cards or mobile & internet-based payment/ commerce Websites or authorized payment gateway networks as recognized and authorized by the Reserve Bank of India (“Payment Facilitators”). In this respect, it is clarified that services of Payment Facilitators are utilized for the purposes of making any payment transaction in respect of Service(s) under these Terms of Use and use of such services of Payment Facilitators shall not render the Website liable or responsible or assume any liability, whatsoever in respect of any loss or damage, arising directly or indirectly to the User on account of (i) lack of authorization for any transaction(s); (ii) exceeding the pre-set limit mutually agreed by and between the User and his/ her bank; (iii) any payment issues arising out of the transaction; (iv) decline of transaction for any reason; or (v) for any other reason whatsoever.

3. It is agreed between the Parties that all payments made against the services on the Website shall be in INR and the Website shall not facilitate transaction with respect to any other form of currency for the payment to be made to avail the Services.

4. Any payment in respect of Services shall be subject to applicable tax laws of India.

11. INDEMNITY

In addition to and not in derogation of, the specific indemnities provided by You to the Company under these Terms of Use and/or policies of the Company, You agree to indemnify, defend and hold harmless the Company and its affiliates, officers, directors, employees, consultants, representatives, shareholders, contractors, users and agents etc. against any and all Losses arising out of or in connection with, any claim, suit, action or other proceeding brought against the Company/ Website, to the extent such losses are based on or arising out of or in connection with: (a) any breach or non-performance of any of the Terms of Use and/ or other terms and conditions of the Company/ Website with respect to use and access of the Website and availing of Service(s); (b) truthfulness and correctness of the data and information provided by the User at the time of creating an account on the Website and/ or availing the Service(s); (c) any claim which the User may have with respect to transaction, dealing and arrangement with the other user of the Website or with an third party; (d) any content posted by the User on the Website and User's use of the Service(s) available on the Website; and/or (f) breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, or infringement of any other intellectual property rights).

12. INTELLECTUAL PROPERTY RIGHTS

1. For the purpose of these Terms of Use herein, the terms, “IPRs” or “Intellectual Property Rights” shall mean on a worldwide basis, all patents, copyrights, trade secrets, service marks, trademarks, trade names, trade dress, trademark applications and registrations, internet domain names, design rights, and all other proprietary and intellectual property rights as may exist now and hereafter come into existence, and all renewals and extensions thereof, regardless of whether any of such rights arise under any Applicable Law.

2. It is further acknowledged and agreed by you that all the IPRs in all material presented on the Website, including but not limited to text, audio, video or graphical images, interfaces, graphics, design, compilation, information, computer code, products, software, downloadable software, trademarks, logos and all other material appearing on the Website are the property of the Company, its parent, affiliates and associates and are protected under the applicable Indian laws.

3. It is hereby clarified and agreed by you that (i) the Company/ Website owns all the intellectual property rights in and relating to the Company/ Website and Services offered through Website and your use of the Website and/or availing of Services does not grant or confer you any rights in relation to our IPRs or our affiliates’ or licensor’s or suppliers’ IPRs; (ii) the structure of the Website shall not be reproduced, distributed or published, in whole or in part, by you for any purpose; other than in connection with your private use of the Website and/ or availing of Services, you shall not copy, reproduce, download, publish, adapt, create derivative works, re-publish, post, broadcast, record, print, commercially exploit, transmit, edit, communicate to the public or distribute in any other way, any IPRs or content in relation to the Website and/ or availing of the Services or the computer codes or elements which comprise the Website; (iii) by using, accessing or visiting the Website and/ or availing the Services, you acknowledge and agree that the general layout, content and design of the Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws and these Terms of Use does not grant to you any rights to any IPRs in respect of the Website or any content; (iv) the User cannot create any derivative work or technology based upon any IPRs, confidential or proprietary information of the Company/ Website; (v) the User cannot adapt or use any trademark, service mark, trade name, logo or domain name similar to or likely to be confused with those of the Company/ Website or take any other action that infringes upon or impairs the Company’s trademark (whether registered or unregistered) or other IPRs; and (vi) other than as set out in this clause and the Website’s policies, you are not permitted to use any of our intellectual property rights without our (and our affiliates’, licensor’s or suppliers’) prior written consent.

13. TERMINATION

1. You agree that the Company, in its sole discretion and for any, including inter alia without limitation if you breach these Terms of Use, may terminate your access to and use of the Website, at any time. You agree that any termination of your access to the Website and/ or suspension/ termination of your Account may be affected without prior notice, and in this respect the Company/ Website shall not be liable to you for any such termination. Your right to use the Website immediately ceases upon termination of your access/use of the Website.

2. The provisions of these Terms of Use shall continue to apply until terminated by either of the Party. In case of User wanting to terminate these Terms of Use, the User may do so by: (i) not accessing the Website; and/or (ii) closing their Account.

3. We reserve the right to, at any time, and with or without notice, terminate these Terms of Use against the User, if:

there is any breach any of Applicable Law(s) or the provisions of these Terms of Use or the terms of the Privacy Policy, the Company’s Policies or any other terms, conditions, or policies that may be applicable to the User from time to time (or have acted in a manner that clearly shows that the User do not intend to, or are unable to, comply with the same); or
the Website is unable to verify or authenticate any information provided to the Website by the User;
We believe, in its sole discretion, that the User’s actions may cause legal liability to the Company/ Website, (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Website;
We are required to do so by law; or
the User fails to provide (or after providing such consent, later revoke) the consents necessary or desirable for the Company to provide the Services to the User;

4. You acknowledge and agree that the Company 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 Service(s). Further, you agree that the Company shall not be liable to you or any third-party for any termination of your Account or denial of access to the Service(s)/Website. In the event of termination of your Account by the Company due to any of the aforementioned reasons, the Company shall have the sole discretion to terminate or cancel any of your past acts without any liability to the Company.

5. The Company does not permit copyright infringing activities on the Website and reserves the right to terminate access to the Website and remove all content submitted by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Website may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the Company may have under law, contract and/or equity.

6. The User is entitled to terminate this legal relationship, at all times by deletion of the Account and, thus disabling the use of the Website/ Service(s).

14. LIABILITY

1. In no event shall We, or our officers, directors, employees, partners or suppliers be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not We have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access of the Website and/or availing of Service(s).
2. You release and indemnify the Website/Company and/or any of its officers and representatives from any Losses, liability or other consequence of any of the actions of the other Users of the Website and specifically waive any claims that you may have in this behalf under any Applicable Law. Notwithstanding its reasonable efforts in that behalf, the Company/Website cannot take responsibility or control the information provided by other Users which is made available on the Website.
3. The Company/ Website shall not be liable for any loss or liability to the User caused by any unauthorized use of the User’s Account and the User, in this respect, shall indemnify, defend and hold harmless the Company and its affiliates, officers, directors, employees, representatives, shareholders, contractors, users and agents etc. against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) arising out of or in connection with any claim, suit, action, or other proceeding brought against the Company/ Website to the extent of such losses being based on or arising out of or in connection with such unauthorized or fraudulent use of the User’s Account.
4. User will be responsible for and thus releases the Company from, any and all liabilities, losses, claims and damages that may arise out of or in connection with the disclaimers as mentioned under these Terms of Use and further agrees to hold harmless and indemnify the Company in this regard.
5. In no event shall the total aggregate liability of the Company/ Website to any User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to negligence, strict liability or otherwise) arising from these Terms of Use or any of your use of the Website exceed an aggregate amount of INR 5000. We accept no liability for any errors or omissions on behalf of You.
6. The Company/ Website shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website. The User understands and agrees that any material and/or data downloaded at the Website is done entirely at Users own discretion and risk and the User will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data.

15. DISCLAIMERS

THIS WEBSITE IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, OR CONTENT INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOU USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE COMPANY RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS WEBSITE AT ANY TIME IN ITS DISCRETION.
THE COMPANY AND ITS AFFILIATES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT THE SERVICES WILL MEET ANY USER'S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK.
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. THE WEBSITE DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. THE WEBSITE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. USE IS AT YOUR OWN RISK.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAWS, THE COMPANY/WEBSITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED HEREBY. THE COMPANY/WEBSITE DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAIL/ OTHER COMMUNICATION SENT FROM THE COMPANY/PLATFROM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WEBSITE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

16. SEVERABILITY

If for any reason, a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that portion shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties (the User and the Company collectively) as reflected by that provision. The remainder of the Terms of Use shall continue in full force and effect.

17. WAIVER

No provision of these Terms of Use shall be deemed to be waived and no breach excused unless such waiver or consent shall be in writing and signed by the Company. Any consent by the Company to, or a waiver by the Company of any breach committed by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

18. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

These Terms of Use are subject to the laws of India. These Terms of Use shall be governed by the laws of India. Subject to Clause 11.2 below, courts and tribunals of Delhi, India, have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms of Use (including any disputes regarding the existence, validity or termination of these Terms of Use).
All disputes arising out of or in connection with the Terms of Use shall be attempted to be settled through negotiation between senior management of the Company and the User. If any dispute arising between the Parties is not amicably settled within reasonable period of sixty (60) days of the initiation of the aforesaid dispute resolution mechanisms, then, the same shall be resolved by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as applicable and amended from time to time.
The dispute shall be referred to a sole and independent arbitrator to be appointed/ nominated by the Parties. The seat and venue of the arbitration shall be Delhi, India.
The language of the arbitration will be English. The decision of the arbitrator will be final, binding and incontestable and may be used as a basis for judgment thereon in India or elsewhere. The Company and the User will bear its own costs of the arbitration.

19. NOTICES

The Company may give notice by means of a general notice on the Account or Website, or by electronic mail to User’s email address or contact number, or by written communication sent by regular mail to User’s address on record in the Account. The User may contact Company by electronic mail to the compliance/ Grievance Officer at the email address or by written communication sent by regular mail to the address provided below.

20. FORCE MAJEURE

The Company shall not be liable for any failure to perform any obligations under these Terms of Use or in respect of provision of the Service(s) through the Website, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues

OTHER TERMS

Other than that, when expressly allowed, any use of our content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent is not allowed.
Please note that if You navigate away from the Website to a third-party website or application`, then You may be subject to and bound by alternative terms of use and privacy policy applicable to such third-party website or application.
The rights and obligations under the Terms of Use which by their nature should survive will remain in full effect after termination or expiration of the Terms of Use.
No partnership, joint venture or relationship of employee/ employer or franchisor/ franchisee arises between you and Us by reason of the Terms of Use.
In our discretion We may serve any notice or communication on you by mail. In the case of notices sent by mail, you will be deemed served 5 (five) business days after dispatch of the same.
As part of the registration process you agree to receive such marketing and promotional materials via mail, SMS, and/or any other mode of communication as We may deem appropriate to send you in connection with our Website and Services. For further details relating to the same, please refer to our Privacy Policy.

GRIEVANCE OFFICER

In accordance with the provisions of the IT Act, and rules made thereunder, We have appointed Nikhil Pandey as the ‘Grievance Officer’ ("Grievance Officer"). Any complaints, abuse or concerns with regards to content and or comment or breach of these Terms of Use shall be immediately informed to the Grievance Officer by writing an email, having ‘Grievance Officer’ as the subject line, at nikhil@trimpixel.com or by writing to the following address:

Grievance Officer, nikhil@trimpixel.com