Terms and Conditions
The following terms and conditions (the "Agreement") govern all use of the www.jaincera.com website (the "Site") and the services available on or at the Site (taken together with the Site, the "Service"). The Service is owned and operated by E-Ceramall. The Service is offered subject to your (the "User") acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by E-Ceramall - including, without limitation, E-Ceramall Shipping and Return Policy.
Subject to the terms and conditions of this Agreement, the Service is provided solely for User's own personal use, and not for the use or benefit of any third party. E-Ceramall may change, suspend, or discontinue the Services at any time, including the availability of any feature, or content. E-Ceramall may also impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or liability.
User certifies to E-Ceramall that if User is an individual (i.e., not a corporation) User is at least 18 years of age. User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
E-Ceramall reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Site, or by sending User a notice via email or postal mail. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by User following such notification constitutes User's acceptance of the terms and conditions of this User Agreement as modified.
SITE CONTENT GENERALLY
The content on the Service (excepting any and all User Submissions - as defined below), including without limitation: the text, abstracts, metadata, software, scripts, graphics, files, images, photos, sounds, music, videos, interactive features and the like (collectively "Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to E-Ceramall, subject to copyright and other intellectual property rights under India and foreign laws and international conventions. E-Ceramall reserves all rights not expressly granted in and to the Service and the Content. User shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purposes whatsoever any Content or Marks without the express prior written consent of the respective owners.
E-Ceramall grants to User a limited nonexclusive, non-transferable, non-sub licensable right solely to display and view the Content for personal, non-commercial use. If User downloads or prints a copy of the Content for personal use, User must retain all copyright and other proprietary notices contained therein. Copying, using or storing any Content for other than noncommercial use is expressly prohibited without prior written permission from E-Ceramall or from the applicable copyright holder.
User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Site.
The Service may permit the submission of text, images or other communications by User and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. User understands that whether or not such User Submissions are published, E-Ceramall does not guarantee any confidentiality with respect to any such submissions.
User shall be solely responsible for User's own User Submissions and the consequences of posting or publishing them. User agrees that E-Ceramall has no liability with respect to any User Submissions, including, without limitation, User's own User Submissions, and User hereby irrevocably releases E-Ceramall and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to User Submissions or any part thereof.
In connection with User's User Submissions, User affirms, represents, and warrants that (and that User can and will demonstrate to E-Ceramall’s full satisfaction upon its request that): (i) User owns or has the necessary licenses, rights, consents, and permissions to use and authorize E-Ceramall to use each and every image and sound contained in each such User Submission and to enable inclusion and use of such User Submissions in the manner contemplated by the Site, the Service and this Agreement; (ii) User has the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site, the Service and this Agreement; and (iii) the posting of User's User Submission on or through the Site or the Service or otherwise does not violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person or entity. User agrees to pay all royalties, fees, and other monies owing any person or entity by reason of any content posted by User to or through the Site or the Service.
By submitting the User Submissions to the Service, or displaying, publishing, or otherwise posting any content on or through the Service, User hereby does and shall grant E-Ceramall a worldwide, non-exclusive, royalty-free, fully paid, sublicenseable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Service and E-Ceramall’s (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. User also hereby does and shall grant each user of the Service a non-exclusive license to access User's User Submissions through the Service, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Service. For clarity, the foregoing license grant to E-Ceramall does not affect User's other ownership or license rights in User's User Submission(s), including the right to grant additional licenses to the material in such User Submission(s).
In connection with User Submissions, User further agrees that User will not: (i) publish falsehoods or misrepresentations that could damage E-Ceramall or any third party; (ii) submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) post advertisements or solicitations of business; (iv) impersonate another person; (v) submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity right, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant E-Ceramall all of the license rights granted herein; or (vi) submit material that is unsuitable for minors in any country. E-Ceramall does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and E-Ceramall expressly disclaims any and all responsibility or liability in connection with User Submissions.
E-Ceramall reserves the right to decide whether a User Submission is inappropriate or violates this Agreement, including but not limited to copyright infringement, violations of intellectual property law, pornography, obscene or defamatory material, or excessive length. E-Ceramall also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages and User Submissions) by User, or to restrict, suspend or terminate User's access to all or any part of the Site or the Service at any time, for any or no reason, with or without prior notice. Notwithstanding the foregoing, E-Ceramall assumes no responsibility for monitoring the Service for inappropriate content, or modifying or removing such content from the Service.
User 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 Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. E-Ceramall reserves the right to bar any such activity.
User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any E-Ceramall server, or to any of the services offered on or through the Service, by hacking, password "mining", or any other illegitimate means.
User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service. User shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Service, or any other customer of E-Ceramall, including any E-Ceramall account not owned by User, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User's own information, as provided for by the Service.
User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or E-Ceramall’s systems or networks, or any systems or networks connected to the Service or to E-Ceramall.
User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person's use of the Service.
User shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal User sends to E-Ceramall on or through the Service. User shall not, in connection with the Service, pretend (e.g. through impersonation) that User is any other individual or entity.
User shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement, or which infringes the rights of E-Ceramall or others.
THIRD PARTY SITES
The Site may permit User to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under E-Ceramall’s control, and User acknowledges that E-Ceramall is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by E-Ceramall. User further acknowledge and agree that E-Ceramall 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 the use of or reliance on any content, goods, information, or services available on or through any such website or resource.
User is responsible for all of its activity in connection with the Service. User shall defend, indemnify, and hold harmless E-Ceramall, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, losses, damages, claims, and expenses, including reasonable attorneys' fees, that arise from or in connection with: (i) User's use or misuse of the Service; (ii) User's access to any part of the Service, or (iii) User's violation of this Agreement.
The Service (Including, Without Limitation, The Site And Any Software) And All Products Are Provided On An "As Is" Basis, Without Warranties Of Any Kind, Either Express Or Implied, Including, Without Limitation, Implied Warranties Of Merchantability Or Fitness For A Particular Purpose (But, For Clarity, The Products Are Can Be Returned/Exchanges Pursuant To E-Ceramall’s Return Policy). This Disclaimer Of Warranties Shall Be Void To The Extent Prohibited By Applicable Law.
LIMITATION OF LIABILITY
In No Event Shall E-Ceramall, Its Officers, Directors, Employees, Agents, Third Party Licensors, Or Third Party Suppliers Be Liable Under Contract, Tort, Strict Liability, Negligence Or Any Other Legal Theory With Respect To The Service (Or Any Content Or Information Available Through The Service): (I) For Any Lost Profits Or Special, Indirect, Incidental, Punitive, Or Consequential Damages, Even If Foreseeable Or (Ii) For Any Bugs, Viruses, Trojan Horses, Or The Like (Regardless Of The Source Of Origination).
You agree to indemnify and hold E-Ceramall (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, including but not limited to reasonable attorneys’ fees, or arising out of or related to your breach of this T&C, or your violation of any law or the rights of a third party
E-Ceramall may terminate User's access to all or any part of the Service at any time, with or without cause, effective upon notice thereof to User (provided that, if E-Ceramall determines there may be an immediate threat to E-Ceramall, it may terminate such access without notice). E-Ceramall may also terminate a Customer's account at any time, in its discretion. Upon termination notice from E-Ceramall, User will no longer access (or attempt to access) the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.
E-Ceramall makes no representation that the Service is appropriate or available for use in the country, geographic area or jurisdiction where User is located, and accessing the Service from territories where any of the content accessed via the Service may be illegal is prohibited. User is responsible for compliance with local laws when User access and use the Service.