END USER LICENSE AGREEMENT ( EULA )
THIS AGREEMENT IS LEGALLY BINDING THE USER ON USER'S ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THIS WEBSITE. USER'S USE OF THIS WEBSITE IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT.
The terms "You" and "your" refer to the End-user of the Design(s)/Plan(s)/Drawing(s). "You" and "your" shall mean either an individual, if purchased individually, or an entity, if purchased or otherwise acquired by an entity.
"Registered User" is one who shows interest in using services of website "www.sparshinteriors.com" through internet connection and provides his credentials, effectively proving his identity
"Website" means www.sparshinteriors.com is a collection of related web pages, images, videos, presentations Drawings, schemes and placements of products and designs with other digital assets that are hosted on one web server, usually accessible via the Internet.
1. LICENSE GRANT
www.sparshinteriors.com grants you a license to use this website on your becoming registered user by completing Registration formalities. Subject to the terms of this Agreement, www.sparshinteriors.com hereby grants you all limited, personal, non-transferable, non-sub-licensable, royalty-free, non-exclusive license to use services of this website.
www.sparshinteriors.com has made every effort to ensure this website to function non-stop, but not responsible for users:
equipment being used
the operating system being used
failure of the user using the website to ensure that operating system software, application software, and any other software required (such as upgrades, service releases and patches, drivers, etc.) is current and meets the requirements of the website.
Failure of a person using the website to ensure that adequate and regular scanning of the equipment is performed for preventing from infection of viruses.
This service is an 'on-line' and user must have Internet connection to use the service of the website. User understand and agree that the Service of www.sparshinteriors.com will not be available without user having Internet connection.
2. The website "www.sparshinteriors.com" is owned and copyrighted by www.sparshinteriors.com.(the "Company"). All title and copyrights in and to the website www.sparshinteriors.com (including but not limited to any images, photographs, animations, video, audio, musical compositions and recordings, designing's, drawings, plans etc., text and other entertainment contents) are owned by the Company. Your license confers limited use of website services only for a period of your usage as per this Agreement.
3. The website is protected by copyright and trademark laws of India. You acknowledge that on payment of fees for services you are only licensing those services and no title to the intellectual property is transferred to you. You further acknowledge that title and full ownership right to the website will remain the exclusive property of www.sparshinteriors.com.
4. LIMITED OR TEMPORARY USE
If you are evaluating the services of website, you may use the services of website during the Free Service Facility Period. You may decide to continue after expiry of Free Service Facility about the required services against the payment of fee.
6. FEES & PAYMENT
All registered users may after expiry or during the Free Facility Service period decide to continue using services of www.sparshinteriors.com on payment of required fees of the service. The payment can be made through Credit Card, Internet Banking (for Indian customers only) eCoupons, Prepaid Cards (for Indian customers only), Paypal (for UK customers only). The services of www.sparshinteriors.com are provided only in territories of World. The users can access the service only from these territories and shall make payment in local currency of their respective country.
7. UNAUTHORISED USE
You agree that you will not attempt to reverse compile, modify, translate or disassemble the Website in whole or in part. You may not, directly or indirectly, modify, translate, reverse engineer, decompile, disassemble create derivate works based on or otherwise attempt to discover the source code or algorithms of the website, or copy, rent, lease, distribute, transfer or otherwise transfer rights of the website or remove any property notices or labels on the website. Any such unauthorized use shall result in immediate and automatic termination of this license.
8. LIMITATION OF LIABILITY, INDEMNITY
NEITHER www.sparshinteriors.com NOR ITS PARENT, SUBSIDIARIES OR AFFILIATES, LICENSOR SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE SERVICE OR ANY USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, NEITHER www.sparshinteriors.com NOR ITS PARENT, SUBSIDIARIES OR AFFILIATES OR LICENSOR SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS OR CURRENCY, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE SERVICES AND/OR THE WEBSITE. www.sparshinteriors.com SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL www.sparshinteriors.com BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. In no event shall www.sparshinteriors.com's liability, whether arising in contract, tort, strict liability or otherwise, exceed (in the aggregate) the total fees paid by you to www.sparshinteriors.com during the one (1) year immediately prior to the time such claim arose. You hereby agree to defend, indemnify and hold www.sparshinteriors.com harmless from and against any claim, liability, loss, injury, damage, cost or expense (including reasonable attorneys' fees) incurred by www.sparshinteriors.com arising out of or from your use of the Service. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.
9. LIMITED WARRANTY
THIS WEBSITE IS PROVIDED ON AN "ASIS" BASIS. www.sparshinteriors.com DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE & SERVICES, WHETHER EXPRESSED OR IMPLIED, INCLDUING BUT NOT LIMITED TO ANY IMPLIED WARRATIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER www.sparshinteriors.com NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS DESIGN/ DRAWINGS SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUANTIAL OR INCIDENTAL DAMAGES AIRISING OUT OF THE USE OR INABLITY TO USE SUCH WEBSITE, EVEN IF www.sparshinteriors.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE WEBSITE & ITS SERVICES BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE www.sparshinteriors.com. SOME JURISIDCTIONS DO NOT ALLOW LIMITATION OR EXCLUSIVE OF INCIDENTAL OR CONSEQUANTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT LIABILITY IS BY LAW INCAPABLE OF EXCLUSION OR RESGRICTION. IN NO EVENT SHALL ANY THEORY OF LIABILITY EXCEED THE LICENSE FEE PAID TO www.sparshinteriors.com.
You can access the services of www.sparshinteriors.com until you continue to make payment of fees for the services you want to avail. www.sparshinteriors.com may terminate the service to the user if user violates, breach or fail to comply with any clause of this Agreement, or directly or indirectly, involved in unauthorized activities mentioned in clause 7 above.
11. EQUITABLE REMEDIES
You hereby agree that www.sparshinteriors.com would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that www.sparshinteriors.com shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as www.sparshinteriors.com may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this License Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
12. CHANGES TO The AGREEMENT
www.sparshinteriors.com reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this License Agreement. www.sparshinteriors.com will post the revised version of this License Agreement on the website, and may forward intimation to that effect to the users on their email address registered with www.sparshinteriors.com. If any future changes to this License Agreement are unacceptable to you or cause you to no longer be in compliance with this License Agreement, you may terminate this License Agreement and suspend to be user of www.sparshinteriors.com. Your continued use of the services of website following notice of changes to this Agreement will demonstrate your acceptance of any and all such changes. www.sparshinteriors.com may change, modify, suspend, or discontinue any aspect of the Services at any time.
In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license. NO LIABILITY FOR CONSEQUENTIAL DAMAGES, IN NO EVENT SHALL www.sparshinteriors.com OR ITS LICENSORS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE. EVEN IF www.sparshinteriors.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN NO EVENT WILL www.sparshinteriors.com'S LIABILITY FOR ANY CLAIM WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
14. GOVERNING LAW
This agreement shall be governed by the laws of India and shall inure to the benefit of www.sparshinteriors.com and any successors, administrators, heirs and assigns. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only to High Court of Mumbai in India. The parties hereby consent to in personam jurisdiction of said courts. .
15. ARBITRATION & CONCILIATION
To expedite resolution and control the cost of any dispute, controversy or claim related to this License Agreement ("Dispute"), you and www.sparshinteriors.com agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. If you and www.sparshinteriors.com are unable to resolve a Dispute through informal negotiations, either you or www.sparshinteriors.com may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be governed by the Arbitration and Conciliation Act 1976. The arbitration fees and all such costs and expenses are to be shared equally by the disputing parties. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
16. ENTIRE AGREEMENT
This License Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license, provided, however, that this Agreement shall coexist with, and shall not supersede, the Terms and conditions of Use. To the extent that the provisions of this Agreement conflict with the provisions of the Terms and Conditions of Use, the conflicting provisions in the Terms and Conditions of Use shall govern. If any provision of this Agreement is found to be unenforceable, that provision shall be severed and the remainder of the Agreement shall be given full force and effect.
© 2014 www.sparshinteriors.com. All rights reserved. The Website may be protected by Indian patents, with other patents pending in India and elsewhere. www.sparshinteriors.com marks indicated on our website and the logo forms of the foregoing marks are trademarks and/or service marks of www.sparshinteriors.com or its subsidiaries and may be registered in India or in other jurisdictions including internationally. www.sparshinteriors.com trademarks, service marks and trade dress may not be used in connection with any product or service that is not affiliated with www.sparshinteriors.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits www.sparshinteriors.com. All other trademarks not owned by www.sparshinteriors.com or its subsidiaries that appear on the ABC website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by www.sparshinteriors.com or its subsidiaries.