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| DISCLAIMER & TERMS AND CONDITIONS OF USE |
| These terms and conditions of use shall govern your
use of the site www.vismayah.com, and all other URLs forming part
thereof (hereinafter referred to as "the Sites"). The Site
is owned and managed by Vismayah Art Gallery, (hereinafter referred
to as "us or we" in the first person and "Vismayah"
wherever the context requires). These terms and conditions of use
form the entirety of any express or implied contract that may or may
be deemed to exist between us and you, the users of the Site. |
| MODIFICATION OF THESE TERMS OF USE |
| Vismayah reserves the right to change the terms, conditions,
and notices under which the Sites are offered, including but not limited
to the charges, if any, associated with the use of the Sites. You
are responsible for regularly reviewing these terms and conditions. |
| PERSONAL AND NON-COMMERCIAL USE LIMITATION |
| You shall use the Sites in good faith and for the essential
purposes for which the Sites are intended. Unless otherwise specified,
the Sites are for your personal and non-commercial use. You may not
modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any information,
software, products or services obtained from the Sites. |
| LINKS TO THIRD PARTY SITES |
| The Sites may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of Vismayah
and Vismayah is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site,
or any changes or updates to a Linked Site. Vismayah is not responsible
for web casting or any other form of transmission received from any
Linked Site. Vismayah is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by Vismayah
of the site or any association with its operators. |
| NO UNLAWFUL OR PROHIBITED USE |
| As a condition of your use of the Sites, you warrant
to Vismayah that you will not use the Sites for any purpose that is
unlawful or prohibited by these terms, conditions, and notices. You
may not use the Sites in any manner which could damage, disable, overburden,
or impair the Sites or interfere with any other party's use and enjoyment
of the Sites. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available
or provided for through the Sites. |
| MATERIALS PROVIDED TO VISMAYAH OR POSTED ON THE SITES |
| Vismayah does not claim ownership of the materials
you provide to Vismayah (including registration data, feedback ,suggestions,
images of art work, description of artwork and artist information)
or post, upload, input or submit to any of the Sites or its associated
services (collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting your Submission you
are granting Vismayah and its affiliated companies permission to use
your Submission in connection with the operation of their businesses
including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and
reformat your Submission; and to publish your name in connection with
your Submission. |
| Vismayah agrees that it shall not use or sell user
identifiable data contained in the Submissions. However, Vismayah
has the sole and exclusive right to use, transfer or otherwise deal
with compiled user aggregated data in any manner that Vismayah deems
fit. |
| LIABILITY DISCLAIMER |
| The information, software, products, and services included
in or available through the sites may include inaccuracies or typographical
errors. Changes are periodically added to the information herein.
Vismayah may make improvements and/or changes in the sites at any
time. Advice received via the sites should not be relied upon for
personal, medical, legal or financial decisions and you should consult
an appropriate professional for specific advice tailored to your situation. |
| Vismayah makes no representations about the suitability,
reliability, availability, timeliness, and accuracy of the information,
software, products, services and related graphics contained on the
sites for any purpose. all such information, software, products, services
and related graphics are provided "as is" without warranty
of any kind. Vismayah hereby disclaims all warranties and conditions
with regard to this information, software, products, services and
related graphics, including all implied warranties and conditions
of merchantability, fitness for a particular purpose, title and non-infringement.
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| In no event shall Vismayah be liable for any direct,
indirect, punitive, incidental, special, consequential damages or
any damages whatsoever including, without limitation, damages for
loss of use, data or profits, arising out of or in any way connected
with the use or performance of the sites, with the delay or inability
to use the sites or related services, the provision of or failure
to provide services, or for any information, software, products, services
and related graphics obtained through the sites, or otherwise arising
out of the use of the sites, whether based on contract, tort, negligence,
strict liability or otherwise, even if Vismayah has been advised of
the possibility of damages. If you are dissatisfied with any portion
of the sites, or with any of these terms of use, your sole and exclusive
remedy is to discontinue using the sites. |
| TERMINATION/ACCESS RESTRICTION |
| Vismayah reserves the right, in its sole discretion,
to terminate your access to any or all Sites and the related services
or any portion thereof at any time, without notice. |
| GENERAL |
| These Terms and Conditions of Use are governed by the
laws of India. You hereby consent to the exclusive jurisdiction and
venue of courts in Hyderabad, India in all disputes arising out of
or relating to the use of the Sites. Use of the Sites is unauthorized
in any jurisdiction that does not give effect to all provisions of
these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency
relationship exists between you and Vismayah as a result of this agreement
or use of the Sites. If any part of this agreement is determined to
be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision will
be deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of
the agreement shall continue in effect. Unless otherwise specified
herein, this agreement constitutes the entire agreement between the
user and Vismayah with respect to the Sites and it supersedes all
prior or contemporaneous communications and proposals, whether electronic,
oral or written, between the user and Vismayah with respect to the
Sites. A printed version of this agreement and of any notice given
in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent
and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. |
| COPYRIGHT AND TRADEMARK NOTICES: |
| All contents of the Sites are copyright protected in
favour of Vismayah and/or its suppliers. All trademarks, names, brandnames,
etc. used on the Sites are either trademarks or registered trademarks
of Vismayah or its associated companies. Any rights not expressly
granted herein are reserved. |
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