"We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time"
PIKPRINT Services (PIKPRINT or “We”) provides a platform via its website, software and apps (the “Site”) to a community of registered users (“Users” or “you”) to upload, display, distribute and sell photographs and videos in digital or printed formats (“merchandise”) share comments, opinions and ideas, promote merchandise, participate in contests and promotions, and license merchandise as part of our Marketplace to other users (the “Services”). Additional Services may be offered by us from time to time. The following are the terms of service (“Terms”) for using the Site and the Services.
PIKPRINT reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, PIKPRINT will notify you by posting an announcement on the site. What constitutes a material change will be determined at PIKPRINT’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any Service or viewing any Merchandise shall constitute your acceptance of the Terms as modified.
In addition, when using particular features of the Services, you shall be subject to any posted guidelines or rules applicable to such Services.
Your access to and use of the Site and our Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of PIKPRINT. PIKPRINT reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Merchandise at any time at its sole discretion and without prior notice. PIKPRINT may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. PIKPRINT discourages use of its services for the sole purpose of Storage or merchandise and you are advised to retain your own copies of all Merchandise posted on the Site.
As a condition to using Services, you are required to open an account with PIKPRINT where you will be given a username and password when you provide registration information. Your registered email address will serve as your username and all notifications and PIKPRINT related information shall be communicated to the email address used as the username. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your access to the Services, by either terminating your email access or your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your PIKPRINT account.
Services are available to authorized representatives of legal entities and to individuals who are either (i) at least 18 years old to access the Marketplace, or (ii) at least 14 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor. Parents and legal guardians are warned that the Site may display Merchandise containing nudity and violence that may be offensive to some.
The Services are for use by a) individuals who own Merchandise; b) entities that represent owners of Merchandise including but not limited to galleries, agents, representatives, distributors other market intermediaries; and c) individuals and entities seeking to license Merchandise. If you are the owner of the Merchandise, but not the creator, you are not allowed to upload content for the purposes of self-advertising.
All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not PIKPRINT are entirely responsible for all Content that you post, or otherwise submit to the Site. PIKPRINT does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by PIKPRINT. By way of example, and not as a limitation, you agree not to use the Services:
To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under “COPYRIGHT COMPLAINTS” below) please send written notice to PIKPRINT at email: firstname.lastname@example.org.
You are solely responsible for your interactions with other users of the Site. PIKPRINT reserves the right, but has no obligation, to monitor disputes between you and other users.
This section ONLY applies to users and Merchandise used in the Marketplace service of PIKPRINT.
Please read this section carefully before posting, uploading, or otherwise submitting any Merchandise to the Marketplace. By submitting content to the Marketplace you are granting PIKPRINT worldwide, non-exclusive license to use the Merchandise and are representing and warranting to PIKPRINT that the Merchandise is either owned or you are authorized to represent or distribute the Merchandise, and that PIKPRINT is free to publish, distribute and use the Merchandise as provided in these Terms without obtaining permission, consent or any license from any third party.
In consideration of PIKPRINT’s agreement to allow you to use the Marketplace, you agree with PIKPRINT as follows:
You acknowledge that:
You represent and warrant that
You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against PIKPRINT, all of which such rights are hereby expressly and irrevocably waived by you in favour of PIKPRINT.
PIKPRINT respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. PIKPRINT will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.
To notify PIKPRINT of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of email@example.com and include in your notice a detailed description of the alleged Infringement sufficient to enable PIKPRINT to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide PIKPRINT with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at firstname.lastname@example.org. You must include in your counter notice sufficient information to enable PIKPRINT to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your Content is not infringing the copyrights of others.
If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of a lawyer.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because PIKPRINT has no control over such sites and resources, you acknowledge and agree that PIKPRINT is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that PIKPRINT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You hereby expressly and irrevocably release and forever discharge PIKPRINT, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless PIKPRINT, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or PIKPRINT Username and password, (iv) the sale or use of your Marketplace Images, or (v) any violation of any rights of a third party.
PIKPRINT, PIKPRINT.com and other PIKPRINT graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of PIKPRINT. PIKPRINT’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of PIKPRINT. The images and icons available in the PIKPRINT icon pack may be used by partners and third party sites in connection with providing appropriate links to the PIKPRINT Site.
PIKPRINT may terminate or suspend any and all Services and/or your PIKPRINT account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease.
If you wish to terminate your PIKPRINT account, you may simply discontinue using the Services or choose not to renew your subscription. On non-renewal of subscription PIKPRINT assumes after 45 days that your account is terminated. Upon termination of your account PIKPRINT will automatically remove all Merchandise posted to your account.
On termination of your account and upon request, PIKPRINT shall provide you a copy of all your Merchandise in digital form downloadable by a link provided within 14 working days of termination of your account.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You use the site and the services at your own risk. The site and the services are provided on an “as is, as available” basis. PIKPRINT expressly disclaims all warranties, including the warranties of merchantability, title, fitness for a particular purpose and non-infringement. PIKPRINT disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or in any way related to (a) any errors in or omissions from this site and the services, including, but not limited to, technical inaccuracies and typographical errors, (b) third party communications, (c) any third party websites or content directly or indirectly accessed through links in the site, including but not limited to any errors or omissions, (d) the unavailability of all or any part of the site or the services, (e) your use of the site or the services, or (f) your use of any equipment or software in connection with the site or the services.
Except as otherwise provided by law, neither PIKPRINT nor any of its affiliates, parents, subsidiaries, directors, shareholders, employees or agents shall be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of the site, any facts or opinions appearing thereon, or the services. PIKPRINT shall not be liable for any special, direct, indirect, incidental, punitive or consequential damages of any kind whatsoever (including, without limitation, attorneys’ fees) in any way due to, resulting from, or arising in connection with the use of or inability to use the site or services. To the extent the foregoing limitation of liability is prohibited or fails of its essential purpose, PIKPRINT’ sole obligation to you for damages shall be limited to INR 100.
You and PIKPRINT agree that any proceedings to resolve or litigate any dispute arising hereunder will be conducted solely on an individual basis, and that you will not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you act or propose to act in a representative capacity. You further agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of PIKPRINT and all parties to any such proceeding.
The Terms shall be governed by and construed in accordance with the laws of the Jaipur Jurisdiction.
Any controversies or disputes arising out of or relating to these Terms shall be resolved by arbitration. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of these Terms.
You, agree to defend, indemnify and hold PIKPRINT, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services. PIKPRINT reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
These Terms constitute the entire understanding of the parties and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter hereof. Any rule of construction stating that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms. If one or more of the provisions herein shall be held invalid, illegal or unenforceable in any respect, the validity, legality and enforcement of the remaining provisions shall not be affected or impaired. Any inconsistency between these Terms in English and these Terms in any other language shall, to the fullest extent permitted by applicable law, be resolved by reference to the English version. The failure to enforce or the waiver by either party of a default or breach of the other party shall not be considered to be a waiver of any prior, subsequent or other default or breach.⇐ Back to Home