Terms of Use
PLEASE READ THE FOLLOWING SITE TERMSCAREFULLY. ANY PURCHASES OFF OF OUR WEBSITE WILL CONSTITUTE ACCEPTANCE OF THESETERMS.
NOTE: No copyrighted material, nudity, violence, drugs, or otherwiseexplicit content will be accepted for print.
RESTRICTIONS ON USE OF MATERIAL
This Site is owned and operated by ActionGraphics Pvt. Ltd. ("Action"). No material from the Site or any otherweb site owned, operated, licensed, or controlled by Action may be copied,reproduced, republished, uploaded, posted, transmitted, or distributed in anyway, except that you may download one copy of the materials on any singlecomputer for your personal, noncommercial home use only, provided you keepintact all copyright and other proprietary notices. Modification or use of thematerials for any other purpose is a violation of Action's copyright and otherproprietary rights. For purposes of this Agreement, the use of any suchmaterial on any other web site, online service or other service is prohibited.All trademarks, service marks and trade names are the property of Action or itsaffiliates.
CONTENT
All text, graphics, user interfaces, visualinterfaces, photographs, trademarks, logos, sounds, music, artwork and computercode (collectively, "Content"), including but not limited to thedesign, structure, selection, coordination, expression, "look andfeel" and arrangement of such Content, contained on the Site is owned,controlled or licensed by or to Action, and is protected by trade dress,copyright, patent and trademark laws.
SUBMISSIONS
Action shall have the right but not theobligation in their sole discretion to reject any photos or text ("Content")submitted by you in your order for a customized Product. Upon placing yourorder, you acknowledge that Action may review your order and the Content foradherence to our guidelines and compliance with the Terms hereof. Action andits designers shall have the right to remove any Content that violates theAgreement or is otherwise objectionable to us.
Under these Terms, You may NOT place any ofthe following material or obtain any such material using the Service (a"Submission"):
Any threatening, obscene, pornographic orprofane material or any other material that could give rise to any civil orcriminal liability under applicable law.
Any material that could infringe rights ofprivacy, publicity or copyrights without the permission of the owner of theserights and the persons (or their parents or legal guardians, whereapplicable)who are shown in the material.
Any material sent from an anonymous orfalse address.
You agree that you bear all risksassociated with the use of any Content. You acknowledge and agree that you areresponsible for the creation and compilation of your Content and that Contentobeys all applicable laws and that neither Action nor any other party involvedwith the production of the customized Product(s) assumes that responsibility,nor is it an approval of the Content, or that you are absolved of any liabilityor harm arising from the use of the Content.
JURISDICTIONAL ISSUES
Copyright Notice. Action ("Seller") is committed to protectingphotographers' copyrights. You are required by law to own the right to or toobtain permission to use any image before the image is uploaded or becomes aSubmission to Seller. If You believe that Your work has been copied in a waythat infringes Your copyrights, please contact us.
All applicable central, state and locallaws govern user access to the Site. The Site is controlled and operated byAction in India.Action makes no representation that materials on the Site are appropriate oravailable for use outside of India.Those who choose to access the Site from outside Indiado so on their own initiative and are responsible for compliance with anyapplicable law. All information available on the Site is subject to exportcontrol laws and may also be subject to the laws of the country where you reside.
TERMINATION
This Agreement is effective until terminated by either party. You may terminatethis Agreement at any time by destroying all materials obtained from any andall Action web site(s) and all related documentation and all copies and installationsthereof, whether made under the terms of this Agreement or otherwise
You agree that Action, in its sole discretion, may terminate your registrationto the Site (or any part thereof) or use of the Site or any portion of it andremove and discard any Submissions, for any reason, without limitation,including if Action believes that you have violated or acted inconsistentlywith the letter or spirit of this User Agreement. Action may also in its solediscretion and at any time discontinue providing access to the Site, or anypart thereof, with or without notice. You agree that any termination of youraccess to the Site under any provision of this User Agreement may be effectedwithout prior notice, and acknowledge and agree that Action may immediately deactivateor delete your account and all related information and files in your accountand/or bar any further access to such files or the Site. Further, you agreethat Action shall not be liable to you or any third-party for any terminationof your access to the Web Site. If you have created a user account, and wouldlike to not have an account saved securely on our site, you can contact us tohave your account and all its contents deleted.
DISCLAIMER FOR WARRANTIES
ACTION DOES NOT PROMISE THAT THE SITE ORANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE ORUNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THESITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ONAN "AS-IS" AND"AS-AVAILABLE" BASIS. ALL INFORMATIONPROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ACTION CANNOT ENSURETHAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSESOR CONTAMINATION OR DESTRUCTIVE FEATURES. DISCLAIMS ALL WARRANTIES, EXPRESS ORIMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY,NON-INFRINGEMENT, MERCHANTABILITYAND FITNESS FOR A PARTICULAR PURPOSE.ACTION DISCLAIMS ANY AND ALL LIABILITY FORTHE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH ORRELATED TO YOUR USE OF THE SITE AND/OR ANY ACTION SERVICES. YOU ASSUME TOTALRESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDYAGAINST ACTION FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOPUSING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THEBARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused byany failure of performance, error, omission, interruption, deletion,defect,delay in operation or transmission, computer virus, communication linefailure, theft or destruction of or unauthorized access to, alteration of, oruse, whether for breach of contract, tort, negligence or any other cause ofaction.
Action reserves the right to do any of the following, at any time, withoutnotice: (1) to modify, suspend or terminate operation of or access to the Site,or any portion of the Site, for any reason; (2) to modify or change the Site,or any portion of the Site, and any applicable policies or terms; and (3) tointerrupt the operation of the Site, or any portion of the Site, as necessaryto perform routine or non-routine maintenance, error correction, or otherchanges.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BYAPPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY INDIRECT,INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR THEINABILITY TO USE THE SITE OR SERVICES, FROM ANY CHANGES TO THE SITE ORSERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS ORDATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OROTHER INTANGIBLES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OFINCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVELIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Seller, its affiliates andsubcontractors, and all their officers, directors, employees, agents,licensors, suppliers and any third parties providing information relating tothe Products or Service from and against all losses, expenses, damages andcosts, including reasonable attorneys' fees, resulting from any violation ofthese Terms or any activity related to Your account (including negligent orwrongful conduct) by You or any other person purchasing Products or accessingthe Service using Your account.
