Terms & Conditions
These
are the general terms and conditions governing your use of this website and our
services. By accessing, using or signing up for this website, our newsletters,
or any other services and features, you are concluding a legally binding
agreement based on these terms with House Of Masaba.
1.
Introduction
This
website www.houseofmasaba.net and
the information, content, products and services it makes available (which shall
collectively be hereinafter referred to as the “Website“), is provided to you
by House Of Masaba its principal office in Mumbai, Maharashtra (“House Of
Masaba“, “We” or “Us”). These terms of use (the “Terms of Use“) set forth the
terms and conditions governing your use of this Website. By accessing or using
this Website you accept and agree to be legally bound by this Terms of Use and
our Privacy Policy, as may be amended or supplemented from time to time.
For the purposes
of this Agreement, the term "You" or "Your" shall refer to the
"User (Store Owner)" or the "End User (Customer of the
Store)". If You are using the Site or Services on behalf of Your Company
(or another entity), then "You" means Your company (or such other
entity), its officers, members, agents, successors and assigns.
Before using the
services rendered by House Of Masaba through this Website, you are requested to
read and understand the Terms of Service specified herein. You are required to
read and understand the existing Terms of Service every time before using the
services offered by Us.
Lack of
knowledge related to any Terms or the amendments effected to the Terms from
time to time may not absolve you from any of your liabilities under the Terms
of Service. House Of Masaba expects you to further read and understand the
Privacy Policy and the Data Protection Policy which would be treated as a part
of this Agreement before using the services so offered by Us. You shall be
equally bound by the stipulations therein once you agree to the Terms of Use
with House Of Masaba.
2.
Modification to the Terms of Use
House
Of Masaba may make changes to this Terms of Use from time to time in its sole
discretion, by updating on the same on this Website and specifying the
effective date of the new version of the Terms of Use. Your continued use of
the Website following the posting of a new version of the Terms of Use
constitutes your acceptance of any such changes. Accordingly, whenever you
visit this Website you should check to see if a new version of the Terms of Use
has been posted.
3.
Contact Information
If
you have any questions or concerns with respect to this Terms of Use or the
Website you may contact a representative of House Of Masaba by e-mailing us at
4.
Website’s Intended Audience
This
Website is directed towards adults. The Website provides a promotional platform
for users, advertisers, brands and partners. The use of this Website is not
intended for any person under the age of 18 years.
5.
Member Registration
You
have to be a registered user (“Member”) to use the Website. Only Members can
access certain services offered by the Website. If you are not registered with
us, please click here to register. Unauthorized access of the services is
prohibited.
You
agree to provide true, accurate, current and complete information about
yourself as prompted by the registration form. If you provide information that
is untrue, inaccurate, not current or incomplete, or We has reasonable grounds
to suspect that you have provided such information, We may (in addition to any
other rights or remedies available to us), suspend or terminate your membership
and refuse any and all current or future use of the Website and the services
(or any portion thereof). Users must immediately notify Us of any known or
suspected unauthorized use of a Member’s account, or any known or suspected
breach of security, including loss, theft, or unauthorized disclosure of
Member's password. Members should be cautious about sharing their account
information with third parties. Each Member is responsible for the
confidentiality of her/his personal information, including use of the account
by any third party, whether or not such use is authorized by the Member.
If
you register yourself with our Website, you are responsible for maintaining the
confidentiality of your Member identification and password information, and for
restricting access to your computer. You agree to accept responsibility for all
activities that occur under your Member identification and password.
When
you sign up/ register on this Website, your personal information will be
registered automatically in our database which will be maintained by Us and may
be used for sending marketing and promotional emails, newsletters etc, if
subscribed to. In case of change in personal information, you may write to Us
at the contact information provided above.
6.
Control of Personal Information
As
a Member, We may allow you to have certain control over your privacy settings.
However, be aware that if you choose to post on the Website, all posts are
visible to everyone on the Website. Thus, any personal information you post
will be accessible to all Members and all visitors of the Website. You should
also be aware that any information that is made public on the Website will be
searchable by other search engines. Additionally, even if that content is later
removed from this Website, it may still be stored in other computers of people
who visited the Website, and removal of that information from this Website will
not remove it from those other computers. Therefore, we caution you to be very
careful and exercise good judgment and discretion about posting personal
information to the Website.
If
you believe that your content is being displayed in a manner that you did not
authorize, you can notify us of the potential error by using the “Contact Us“
button on any page of the Website and we will look into the issue promptly.
7.
Member Submissions
We
have no obligation to review content added to the Website and We assume no
responsibility for the deletion of any content on the Website. You acknowledge
that by using the Website, you may be exposed to content that you find
objectionable, indecent or offensive or which is inaccurate, misleading or
incomplete. We assume no obligation or responsibility for confirming the
accuracy, completeness or usefulness of any content, nor do We endorse such
content. We do not verify the identity of people using our Website. You use the
Website and the content at your own risk.
All
content that you post on the Website must comply with this Terms of Use. You
take sole responsibility for all content that you post on the Website and the
consequences of posting that content. You are responsible for obtaining all
necessary rights to upload, post and distribute the content, including
obtaining permission from any person shown in a photo that you upload or
identified in any writing that you post. You further agree that any content you
submit to the Website will not contain third party copyrighted material, or
material that is subject to other third party proprietary rights, unless you
have permission from the rightful owner of the material or you are otherwise legally
entitled to post the content and to grant House Of Masaba all of the license
rights granted herein. You agree that you will not upload, email, transmit, or
otherwise make available any content that:
●
is threatening, defamatory, abusive, obscene, pornographic, or any material
that would give rise to any civil or criminal liability under applicable law;
●
could infringe any copyright, trademark, publicity or privacy right or any
other intellectual property right of any person or entity;
●
containing slurs, hate speech or which attack an individual or group on the
basis of race, color, religion, national origin, or sexual preferences;
●
contains an email address, telephone number, street address, last name, or any
that identifies a user other than yourself;
●
that constitutes spam (sending the same message multiple times or to multiple
people will be treated as spam);
●
that is commercial in nature; and
●
is, or could be construed as, illegal or construed as being a part of an
illegal activity.
By
submitting content to the Website, you hereby expressly permit House Of Masaba
and any third party permitted by House Of Masaba, to identify you as the
contributor of such content in any publication in any form, media or technology
now known or later developed in connection with the content.
8.
Use of Content
A
variety of information, messages, posts, text, graphics, software, data,
Member-submitted content and other materials (“Content“) is available on the
Website. The Content available on the Website shall be used solely for your
non-commercial and/or to benefit from the products, services and Content
available on the Website. No right, title or interest in any Content is
transferred to you, whether as a result of downloading such Content or
otherwise. House Of Masaba reserves complete title and full intellectual
property rights in all Content. Except as expressly authorized by this Terms of
Use, you may not use, alter, copy, distribute, transmit, or derive another work
from any Content obtained from the Website or the service.
House
Of Masaba grants you a nonexclusive, nontransferable, revocable, limited
license to view the Content retrieved from the Website only for your personal,
noncommercial use, provided that you do not remove or obscure any copyright
notice, trademark notice, or other proprietary rights notices displayed on or
in conjunction with the Content. You may not use any Content available via the
Website in any other manner or for any purpose without the prior written
permission of House Of Masaba. All rights not expressly granted in this Terms
of Service are expressly reserved to House Of Masaba.
House
Of Masaba may at any time modify, discontinue, or suspend its operation of this
Website, or any part thereof, temporarily or permanently, without notice to
you.
9.
Member-Submitted Content and Rights Over It
Any
material, information, or data you transmit to House Of Masaba or post to the
Website (each a “Submission“ or collectively “Submissions“) will be considered
non confidential and non proprietary. House Of Masaba does not want to receive
any confidential or proprietary information from you via this Website. In
respect of all Submissions you make:
(i)
you guarantee that you have the legal right to post/ distribute the Submission
and that you are not in violation of any law or the rights of any person or
entity, and
(ii)
you grant to House Of Masaba a royalty-free, irrevocable, perpetual and
worldwide right to use, distribute, display and create derivative works from
the Submission, in any and all media, in any manner, in whole or in part,
without any restriction or responsibilities to you.
While
House Of Masaba strives to keep the Content that it posts on the Website
accurate, complete, and up-to-date, House Of Masaba cannot guarantee, and is
not responsible for, the accuracy, completeness, or timeliness of any Content,
whether provided by House Of Masaba, its suppliers, or by Members of the
Website. Any opinions, advice, statements or other information expressed or
made available by Members or third parties, are those of the respective Member
or other third party and not of House Of Masaba. House Of Masaba does not
endorse and is not responsible for the accuracy or reliability of any opinion,
advice or statement made on the Website. House Of Masaba recommends that all
Members must use their discretion while relying or acting upon any information,
advice, suggestion or tip provided on the Website, either by House Of Masaba
itself or any other user of the Website. House Of Masaba does not have any
obligation to prescreen, edit, or remove any Content provided by Members that
is available through the Website.
Notwithstanding
the foregoing, House Of Masaba will have the right (but not the obligation), in
its sole discretion and for any reason, to prescreen, edit, refuse to accept,
remove, or move any such Content.
House
Of Masaba makes no claims to ownership of content that you submit, post,
distribute or otherwise make available to or through the Website and you
continue to retain all ownership rights in such content and the right to use
your content as you determine. However, you do grant to House Of Masaba and its
affiliates a worldwide, nonexclusive, perpetual, fully sub-licensable,
royalty-free right and license as set below:
●
with respect to content you submit, post or otherwise make available to public
areas of the Website (e.g. not intended as a private communication), the
license to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, publicly perform and publicly display such content (in
whole or part) worldwide via the Website or otherwise, and/or to incorporate it
in other works in any form, media, or technology now known or later developed;
and
●
with respect to photos, graphics, audio, video or journals that you submit,
post or otherwise make available to public areas of the Website, the license to
use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, publicly perform and publicly display such Content for the
purpose for which such Content was submitted, posted or made available.
10.
Contact with Third Party
Your
dealings with advertisers or other third parties found on or accessible through
the Website are solely between you and the third party. These dealings include,
but are not limited to, your participation in promotions any terms, conditions,
warranties, or representations associated with such dealings. The links
provided to third party websites are solely as a convenience to users and
should not be construed as an endorsement by House Of Masaba of content, items,
or services on those third-party websites. You access and use such websites,
including the content, items or services on those websites, solely at your own
risk.
House
Of Masaba does not make any representations or warranties with respect to any
content or privacy practices, or otherwise with respect to such third parties
or any items or services that may be obtained from such third parties, and you
agree that House Of Masaba will have no liability with respect to any loss or
damage of any kind incurred as a result of any dealings between you and any
third party, or as a result of the presence of such third parties on the
Website.
11.
Intellectual Property Rights
This
Website is owned by House Of Masaba. All right to, title to, and interest in
the Content available on/ via the Website, the Website's look and feel, the
designs, trademarks, service marks, and trade names displayed on the Website,
and the Website URLs, are the property of House Of Masaba or its licensors, and
are protected by copyrights, trademarks, patents, or other proprietary rights
and laws.
The
Website and the Content are protected by Indian copyright laws, and belong to House
Of Masaba or its partners, affiliates or contributors. The copyrights in the
Content are owned by House Of Masaba or other copyright owners who have
authorized their use on the Website. You may not manipulate or alter the images
or other Content on the Website in any way.
All
trademarks, service marks, logos and designs used on this Website, whether
registered or unregistered, are owned by House Of Masaba or other third
parties. You may not use or display any trademarks, service marks, logos or
designs owned by House Of Masaba or its affiliates without our prior written
consent.
12.
Express Written Permission
Express
written permission of House Of Masaba is required for You to do any of the
following:
·
Use, duplicate, republish, upload, dispense, gather, revise,
transmit, or post the Content or the Site for commercial purposes;
·
Use of the brand name www.houseofmasaba.net;
·
Alter, eliminate, remove,
supplement, add to, publish, transmit, participate in the transfer, rental or
sale of, create derivative works from, or in any way exploit any of the
Content, in whole or in part;
·
Access or attempt to access the Site
or collect or index information provided to House Of Masaba using any automated
means, such as robots, spiders, scrapers, scripts, or similar means or
equivalent manual processes;
In addition to any remedies that House Of Masaba may have at law or in equity,
if House Of Masaba reasonably determines that You have violated or are likely
to violate the foregoing prohibitions, House Of Masaba may take any action it
reasonably deems necessary to cure or prevent the violation, including, without
limitation, the immediate removal of materials that violate the foregoing prohibitions
from the Site.
13.
Indemnification
You
agree to indemnify, defend and hold harmless House Of Masaba, its directors,
officers, employees, agents, subsidiaries, business partners and affiliates
from and against any and all liability, damages, losses, claims, expenses of
any kind (including, but not limited to direct, incidental, consequential,
exemplary and indirect damages) and reasonable attorney’s fees, resulting from
or arising out of (1) your use, misuse or inability to use the Website or breach
of the Terms of Use; or (2) the content you submit, post, or transmit through
the Website.
14.
Disclaimer
The
Website is provided on an “as is“ and “as available“ basis. House Of Masaba
expressly disclaims all warranties of any kind, whether express or implied,
including, without limitation, any warranties of merchantability, fitness for a
particular purpose, and non-infringement.
House
Of Masaba does not make any warranty that the Website will meet your
requirements, or that access to the Website will be uninterrupted, timely,
secure, or error-free, or that defects, if any, will be corrected. House Of
Masaba makes no warranties as to the results that may be obtained from the use
of the Website or as to the accuracy, quality, or reliability of any information
obtained through the Website.
15.
Representations & Warranties
By using the Website, You represent and
warrant that:
·
You are 18 years of age or older, an
emancipated minor or the parent or guardian of a minor who You are authorizing
to use the Site and the Services;
·
You understand and agree that this
Agreement is a legally binding agreement and the equivalent of a signed,
written contract;
·
You will use the Site and the
Services in a manner consistent with all laws and regulations and in accordance
with the terms and conditions of this Agreement;
·
You are authorized to sign for and
bind the person or entity using the Site or the Services;
· You will provide only true, accurate, complete and current information to House Of Masaba