EFFECTIVE DATE: December 1,2022
LAST UPDATED: December 1,2022
INTRODUCTION
Please read this document carefully. These terms of use (the “Terms of Use”) are a legal agreement between you and www.infashionbusiness.com (“Website/Site”) operated by IFAB MEDIA (referred to as “we,” “us,” or “our”). These Terms of Use specify the terms under which you may access and use our website located at www.infashionbusiness.com and other IFAB MEDIA digital properties, and related services (collectively, the “Services”).
ASSENT AND ACCEPTENCE
By using the website, you warrant that you have read and reviewed these Terms of Use and that you agree to be bound by it. If you do not agree to be bound by these Terms of Use and our Privacy Policy, you are requested to leave the website immediately. IFAB MEDIA only agrees to provide use of this website and services obtained by a user, additional terms and conditions in respect of the specific services may apply, which shall be deemed an agreement between users and us.
ABOUT THE SITE
The website does not screen or censor the users who access the website. You resume all risks associated with dealing with the other users with whom you come in contact through the website. You agree to use the website only for lawful purposes without infringing the rights of or restricting the use of the website by any third party.
AGE RESTRICTIONS
The services are available only for individuals aged 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. If you are under the age of 13, you may use the services only with the consent of your parent or legal guardian. We reserve the right, in our sole and absolute discretion, to deny you access to the services, or any portion of the services, without notice and without reason.
INTELLECTUAL PROPERTY (IP)
The services offered by www.infashionbusiness.com contains material, such as photographs, text, illustrations, audio clips, video clips, graphics and other material provided by or on behalf of IFAB MEDIA (collectively referred to as the “Content”). The content may be owned by us or third parties. The content provided through the services is protected under both Indian laws, but not limited to, copyright and trademark laws, and unauthorized use of the content may violate such laws. You may view all content for your own personal, non-commercial use, and no other use is permitted without the prior written consent of IFAB MEDIA. Our company retains all right, title, and interest, including all intellectual property rights, in and to the content. You must retain all copyright and other proprietary notices contained in the original content. You may not sell, transfer, assign, license, sublicense, or modify the content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the content in any way for any public or commercial purpose. We reserve the right to remove content from our services at any time for any reason without any notice to you. If you violate any part of this Agreement, it automatically terminates the content and services and your usage and you must immediately destroy any copies you have made of the content. Elements of the services are protected by the laws of India and any unfair competition, and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the content may be retransmitted without our express, written consent for each and every instance.
ACCEPTABLE USE & GUIDELINES
a.By accessing the services, you agree to comply with these guidelines (the “Guidelines”) and that:
b.You will comply with all applicable laws in your use of the services and will not use the services for any unlawful purpose;
c. You will not access or use the services to collect any market research for a competing business;
d.You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
e.You will not interfere with or attempt to interrupt the proper operation of the services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any content, data, files, or passwords related to the services through hacking, password or data mining, or any other means;
f.You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the services;
g.You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the services;
h.You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in the services;
i.You will not use any robot, spider, scraper, or other automated means to access the services for any purpose without our express, written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the services for the sole purpose of, and solely to the extent necessary for, creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
j.You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
k.You will not distort the meaning or cause otherwise non-defamatory, non-infringing content to defame or infringe the intellectual property rights of any person or violate any person’s personal proprietary or privacy rights;
l.If you find something that violates our Guidelines, please let us know, and we’ll review it.
We at IFAB MEDIA, may, but have no objection to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any parties intellectual property of these Terms of Use.
COMMUNICATIONS
Each time you use the website in any manner; you understand and agree to these Terms of Use. By agreeing to these terms you acknowledge that you are interested in availing the services. Communications can also be by posting any notices on the website, sending email blasts to our subscribers. You agree that any communications sent to you by the website shall not be constructed as spam or bulk under any law prevailing in any country where such communication is received.
AFFILIATE MARKETING AND ADVERTISING
www.infashionbusiness.com operated by IFAB MEDIA declares that it may engage in affiliate marketing and we may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.
We clearly declare that any of your business dealings or correspondence in whatsoever nature it may be, with, or participation in promotions of, advertisers found on or through the website, which may even include payment and delivery of related goods or services, or any other terms and conditions, warranties or representations associated with such dealings, are solely and entirely between you and such advertiser. We will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the website.
PRIVACY INFORMATION
Through your use of the website and services, you may provide us with certain information. By using the website and services, you authorize us to use your information in India.
a. Information that we may collect or receive: Depending on how you use our website or services, we may receive information from external applications, you use to use to access our website, or we may receive information, through various web technologies, such as cookies, log files, clear gifs, we beacons or others.
b. How we use information: We use the information gathered from you to ensure your continued good experience on our website. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third party providers, including other marketers.
c. How you can protect information: If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser.
REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a. Reverse engineer, attempt to reverse engineer to disable any code or software from or on the website or services.
b. Violate the security of the website or services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host user or network.
INDEMNIFICATION
You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this agreement; (ii) your misuse of the content or the services; and/or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
SPAM POLICY
You are strictly prohibited from using the website or any other services offered by us for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
EXTERNAL SITES LINKS & CONTENT
The services may permit you to access the content as services belonging to third parties (“third party services”) and may contain links to third-party websites (“external sites”). Access to such ‘third party services’ and ‘external sites’ is provided solely as a convenience to you and not as an endorsement by us of the content on such ‘third party services’ or ‘external sites’. The content of such third party services and external sites is developed and provided by others. By accessing third party services and external sites you agree to their respective terms and conditions. You should contact the site administrator or webmaster for those third party services and external sites if you have any concerns regarding such links or any content located on such external sites. We are not responsible for the content of any linked external sites and do not make any representations regarding the content or accuracy of materials on such external sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked external sites, you do so at your own risk.
MODIFICATION AND VARIATIONS
IFAB MEDIA from time to time without any notice to you can modify these Terms of Use. You agree that we have rights to modify these terms or revise anything contained herein. You further agree that all modifications to these Terms of Use are in full force and effect immediately upon posting on the website and the modifications or variations will replace any prior version of these terms unless prior versions are especially referred to or incorporated into the latest modification or variation of these Terms of Use.
a. To an extent to any part or sub-part of these Terms of Use is held ineffective or invalid by any court of law; you agree that the prior, effective version of these Terms of Use shall be considered enforceable and valid to the fullest extent.
b. You agree to routinely monitor these Terms of Use and refer to the ‘Effective Date’ posted on the top of these Terms of Use to note modifications and variations. You further agree to clear your cache when doing so to avoid accessing a prior version of these terms. You agree that your continued use of the website after any modifications to these Terms of Use is manifestation of your continued assent to these terms.
c. In the event that you fail to monitor any modifications to or variations of these Terms of Use, you agree that such failures shall be considered an affirmative waiver of your right to review the modified agreement.
ENTIRE AGREEMENTMODIFICATION AND VARIATIONS
This agreement constitutes the entire understanding between the parties with respect to any and all use of this website. This agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this website
SERVICE INTERRUPTIONS
www.infashionbusiness.com operated by IFAB MEDIA may need to interrupt your access to the website to perform maintenance and emergency services on a scheduled or unscheduled basis. You agree that your access to the website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.
TERM, TERMINATION AND SUSPENSION
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this agreement and the services and your access to all or any part of the services, at any time without for any reason, with or without cause, without prior notice or liability.
NO WARRANTIES; LIMITATION OF LIABILITY
The services and the content are provided “AS IS” and “AS AVAILABLE” without any warranties of any kind, either express or implied. www.infashionbusiness.com operated by IFAB MEDIA expressly disclaims all warranties of title, merchantability, non-infringement of third parties’ rights, and fitness for particular purpose and any warranties arising from a course of dealing, course of performance, or usage of trade. Without limiting the generality of the forgoing, IFAB MEDIA does not warrant that: (1) The information on the services is correct, accurate or reliable; (2) The functions contained on the services will be uninterrupted or error-free; or (3) Defects will be corrected, or that the services or the services or the server that make them available is free of viruses or other harmful components.
In connection with any warranty, contract, or common law tort claims: (I) We shall not be liable for any incidental or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use or liability to access and use the services or the content, even if we have been advised of the possibility of such damages; and (II) Any direct damages that you many suffer as a result of your use of the services or the content is your liability. The services may contain technical inaccuracies or typographical errors or omissions. Unless required by applicable laws, we are not responsible for any such typographical or technical errors listed on the services.
COPYRIGHT
We respect the intellectual property rights of others and attempts to comply with all relevant laws of India. All the information and materials (content) appearing on this site including text, photographs, graphics, audio clips, video clips are protected by copyright, trademarks and other intellectual property rights that are owned and controlled by IFAB MEDIA. All software’s and its application programming interface (API) and all content used on this site is protected by copyright laws. None of the content would be downloaded, copied, reproduced, republished, transmitted, posted, stored, distributed or sold without our permission (the copyright holder) and any action to the contrary shall be infringement and violation of the rights of owner and liable for legal proceedings.
GENERAL PROVISIONS
a.Language: All communications made or notices given pursuant to these Terms of Use shall be in English Language.
b.Jurisdiction, Venue & Governing Law: The services are based in India. We make no claims concerning whether the content may be downloaded, viewed, or be appropriate for use outside of India. If you access the services or the content from outside of India, you do so at your own risk. Whether inside or outside of India, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Through the use of this website and services, you also agree that the laws in India shall govern any matter or dispute relating to arising out of these Terms of Use, as well as any dispute of any kind that may arise between you and IFAB MEDIA, with the exception of its conflict of law provisions. In case any litigation specially permitted under these Terms of Use is initiated, the parties agree to submit to the exclusive jurisdiction of the courts at Mumbai, Maharashtra (India). The parties agree that this choice of law, venue and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of doctrine of forum non-conveniens or similar doctrine.
c.Binding Arbitration: Any disputes between you and IFAB MEDIA, our initiative would be to provide a neutral and cost effective means of resolving the dispute. Accordingly, you and we agree that you and we will resolve any claim or controversy at law or equity that arises out of this agreement or our services in accordance with we and you otherwise agree. Before resorting to these alternatives, we strongly recommend you to communicate and contact us directly to seek a resolution. In connection with any dispute or claim arising out of or in connection with this Agreement, you and we agree to arbitrate such dispute arising under this Agreement before a single arbitrator appointed by us IFAB MEDIA. The arbitration shall take place at Mumbai, Maharashtra (India). The arbitration shall be conducted under the provisions of Arbitration and Conciliation Act, 1996 or any amendment or re-enactment thereof. The arbitrator’s award will be final and non-appealable and the arbitrator shall be entitled to award the costs as considered appropriate and proper by the arbitrator.
d. Severability: If any part or sub-part of these Terms of Use is held invalid or unenforceable by a court of law or competent arbitrator; the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition the remainder of these Terms of Use shall continue in full force.
e.Heading For Convenience Only: Headings of parts and sub-parts under these Terms of Use are of convenience and organization, only. Headings shall not affect the meaning of any provisions of these Terms of Use.
f.Electronic Communication Permitted: Electronic communications are permitted to both parties under these Terms of Use. For any questions and concerns contact: Grievances Officer, IFAB MEDIA, Email: grievance@infashionbusiness.com.
