Terms and Conditions - Imperfekt Beauty
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Terms and Conditions

Terms and conditions

The effective date of this agreement is 23rd november, 2018.

This agreement contains the terms and conditions (the “terms of service”) under which www.imperfektbeauty.com (“imperfekt beauty”, “we” or “us”) offers you (the “user” or “you”), access to its website www.imperfektbeauty.com (the “site”) and Imperfekt Beauty’s services (as defined below). Among other things, these terms of service describe the user’s responsibilities and limit Imperfekt Beauty’s liability. Before using any of the services, please read all these terms of service and the site carefully. In the event of any conflict between these terms of service and any other provisions set forth in the site, these terms of service will control.

  1. User acceptance

By using the services and/or visiting the site, you state your agreement to be legally bound and to abide by the following terms and conditions. If you do not agree to these terms and conditions, you must not use the site or the services. These terms and conditions include Imperfekt Beauty’s privacy policy (the “privacy policy”) that is posted on the site.

  1. Changes to terms of service

Imperfekt Beauty reserves the right, in its sole discretion, to amend these terms of service at any time upon posting the amended terms on the site, or upon providing notice thereof by electronic or conventional mail or any other reasonable means. The amended terms shall automatically be effective. You should visit this page from time-to-time to review the then-current terms, because they are binding to you. The users continued use of the site and the services following Imperfekt Beauty’s posting of any changes will constitute the user’s acceptance of such changes.

  1. Imperfekt beauty services

Imperfekt Beauty’s services, which are available on the site help you find and browse information related to fashion and style, and allow you to submit information to the site, and enjoy a wide variety of other content for your own use and for viewing by other users (the “services”). Your access to or use of these services constitutes your acceptance of all the provisions of these terms of service. These terms of service apply to any user of the site and services, regardless of whether or not the user submits content for public display on the site. The site may also contain links to third party websites that are not owned or controlled by Imperfekt Beauty. Imperfekt Beauty has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. Imperfekt Beauty will not censor or edit the content of any third-party websites. By using the site, you expressly relieve Imperfekt Beauty from any and all liability arising from your use of any third-party website.

  1. Eligibility

You hereby represent and warrant to the company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these terms and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize the service of the site, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such parent /legal guardian’s registered account.

  1. User information

You may need to provide us with user information (primarily an email address) to use certain parts of the site, such as submitting questions to us. If you provide us with such information, you are required to provide accurate and up to date information. You may not use a false name with the intent of impersonating another person. You may receive confirmation and thank you emails associated with your membership. As detailed in the privacy policy, your private information will not be given to any third party without your consent. Imperfekt Beauty reserves the right to cancel your membership at its discretion.

  1. Rights to use

Subject to the restrictions on rights to use in these terms of service, Imperfekt Beauty hereby grants you permission to use the site and services, provided that

  • Your use of the site as permitted is solely for personal, non-commercial use,
  • You will not copy or distribute any part of the site without Imperfekt beauty’s written permission,
  • You will not alter or modify any parts of the site, and
  • You will comply with the terms of service and privacy policy.

 

  1. Restrictions on rights to use

You are authorized to use the site and services solely for your own use, and you agree not to act on behalf of a third-party or to allow a third-party to have access to your password in order to use the site or services. You are solely responsible for any and all activity that occurs on your account and you must keep your password secure. Furthermore, you shall not:

  • Modify, translate or reverse engineer any portion of the site services;
  • Launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the site in a manner that sends more request messages to the Imperfekt Beauty servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Imperfekt Beauty grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Imperfekt Beauty reserves the right to revoke these exceptions either generally or in specific cases;
  • Collect or harvest any personally identifiable information, including member names and user ids, from the site, nor to use the communication systems provided by the site for any commercial solicitation purposes;
  • Solicit, for commercial purposes, any users of the site with respect to their user submissions (as defined below);
  • Remove any copyright, trademark or other proprietary rights notices contained in or on the site;
  • Create user accounts by automated means or under false or fraudulent pretenses;
  • Create or transmit unwanted electronic communications such as “spam” to other users or members of the site or otherwise interfere with other user’s or member’s enjoyment of the site and/or services;
  • Transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
  • Use the site or services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
  • Copy or store any content offered on the site for other than your own use; nor
  • Use any device, software or routine that interferes with the proper working of the site and/or services.

 

  1. User submissions

We encourage you to submit to the site a variety of content (“user submissions”). You understand that whether or not such user submissions are published, Imperfekt Beauty does not guarantee any confidentiality with respect to any user submissions. You shall be solely responsible for your own user submissions and the consequences of posting or publishing them. In connection with user submissions, you affirm, represent, and/or warrant that:

  • You own or have the necessary licenses, rights, consents, and permissions to use and authorize Imperfekt Beauty to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all user submissions to enable inclusion and use of the user submissions in the manner contemplated by the site and these terms of service; and
  • You have 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 and these terms of service.

 

In connection with user submissions, you further agree that you will not:

  • Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Imperfekt Beauty all of the license rights granted herein;
  • Publish falsehoods or misrepresentations that could damage Imperfekt Beauty or any third party;
  • Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
  • Post advertisements or solicitations of business; nor
  • Impersonate another person.

 

Imperfekt Beauty does not endorse any user submission or any opinion, recommendation, or advice expressed therein, and Imperfekt Beauty expressly disclaims any and all liability in connection with user submissions. Imperfekt Beauty reserves the right to remove user submissions without prior notice. Imperfekt Beauty will also terminate a user’s access to the site, if they are determined to be repeat offenders. Imperfekt Beauty also reserves the right to decide whether user submissions are appropriate and complies with these terms of service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Imperfekt Beauty may remove such user submissions and/or terminate a user’s access for uploading such material in violation of these terms of service at any time, without prior notice and at its sole discretion. You understand that when using the site, you will be exposed to user submissions from a variety of sources, and that Imperfekt Beauty is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user submissions. You further understand and acknowledge that you may be exposed to user submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Imperfekt Beauty with respect thereto, and agree to indemnify and hold Imperfekt Beauty, its owners/operators, affiliates, and/or licencors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

  1. Intellectual property rights

The content on the site, with the exception of user submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“content”) and the trademarks, service marks and logos contained therein (“marks”), are owned by or licensed to Imperfekt Beauty, subject to copyright and other intellectual property rights under Indian laws. Content on the site is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Imperfekt Beauty reserves all rights not expressly granted in and to the site and the content. You agree to not engage in the use, copying, or distribution of any of the content other than expressly permitted herein, including any use, copying, or distribution of user submissions of third parties obtained through the site for any commercial purposes. If you download or print a copy of the content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the site or features that prevent or restrict use or copying of any content or enforce limitations on use of the site or the content therein. You retain all of your ownership rights in your user submissions. However, by submitting the user submissions to Imperfekt Beauty, you hereby grant Imperfekt Beauty a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the user submissions in connection with the site and Imperfekt Beauty’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Imperfekt Beauty site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the site a non-exclusive license to access your user submissions through the site, and to use, reproduce, distribute, prepare derivative works of, display and perform such user submissions as permitted through the functionality of the site and under these terms of service.

  1. Copyright infringement policy

Imperfekt Beauty does not permit copyright infringing activities and infringement of intellectual property rights on its site, and Imperfekt Beauty will remove any content or user submissions if properly notified that such content or user submission infringes on another’s intellectual property rights.

  1. Disclaimer

Imperfekt Beauty contains strictly opinion-based information. The content of the site is fact-checked to the best of our abilities but will, no doubt, contain errors of typing, spelling, intent, rumour, presumption, but never errors of style (we think). You might disagree with our choices and that’s fine with us. Just don’t expect us to always know what shoes should go with your new dress–even if it’s a big event–because we can’t swear we’ll be right.

  1. Disclaimer of warranties

Imperfekt Beauty’s site and services and all products and services available through the site are provided on an “as is” and “as available” basis. Imperfekt Beauty makes no other representations or warranties of any kind, express or implied, including without limitation: (a) Imperfekt Beauty makes no warranties, and expressly disclaims, any implied warranties of merchant ability, fitness for a particular purpose, title and non-infringement; (b) Imperfekt Beauty makes no warranties that its site or services, or the services available through the site, will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, operate without error or be free of software errors or computer viruses. Nor does Imperfekt Beauty make any warranty as to the results that may be obtained from the use of the site or service; (c) Imperfekt Beauty does not warrant that the products, services, descriptions, information or material included on the site will be as represented by third-party providers, will be free of defects or lawful to sell, or will be satisfactory to you, or that third-party providers will perform as promised; (d) Imperfekt Beauty expressly disclaims any implied warranty arising from course of dealing or usage of trade; and (e) Imperfekt Beauty expressly disclaims any obligation, liability or remedy in tort, whether or not arising from any negligence of Imperfekt Beauty.

  1. Limitation of liability and remedies

(a) under no circumstances will Imperfekt Beauty or its affiliates, officers, directors, employees or representatives be liable for any indirect, incidental, consequential, punitive or exemplary damages arising out of, in connection with or resulting from these terms of service or Imperfekt Beauty’s site or services, whether based in contract, tort or otherwise. In any case, Imperfekt Beauty’s liability to you or any third party in any circumstance is limited and may not exceed the amount charged in connection with a particular transaction giving rise to liability or, if the claim does not relate to a specific transaction, one hundred rupees (rs100.00).

(b) limited liability with respect to products and services available through the site. Under no circumstances will Imperfekt Beauty or its affiliates, officers, directors, employees or representatives be liable for any indirect, incidental, consequential, punitive or exemplary damages, arising out of, in connection with or resulting from any products or services available through Imperfekt Beauty’s site or services, whether based in contract, tort or otherwise.

  1. Indemnification

You agree to indemnify and hold Imperfekt Beauty, and its affiliates, directors, officers, employees and representatives, harmless from and against any loss, cost, claim, damages, liability and expense, including reasonable attorneys’ fees, and further including any injuries to third parties arising out of or relating to

  1. Your breach of these terms of service,
  2. Any fraud, manipulation, deception or misrepresentation by you,
  3. Any wrongdoing, willful misconduct or negligence on your part with respect to your use of the site or services, and
  4. Any violation of applicable Indian laws or regulations.
  1. No agency

You and Imperfekt beauty are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these terms of service.

  1. Assignment

You may not assign these terms of service or any of your rights here under to a third person without first obtaining our express written consent.

  1. Trademarks

(a) Imperfekt Beauty and imperfektbeauty.com, are trade or service marks of Imperfekt Beauty. Use of the site does not create any express or implied right to use such trade or service marks, and such trade or service marks may not be used in connection with any product or service that is not properly authorized by Imperfekt Beauty, in any manner that is likely to cause confusion or in any manner that disparages or discredits Imperfekt Beauty.

(b) the use of any name, trademark, trade name, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third party making products or services available on the site should not be construed as an endorsement or sponsorship of the site by any such third party, or as the participation by any such third party in the offering of goods or information through the site.

  1. Rules for promotions

Any sweepstakes, contests, raffles or other promotions (collectively, “promotions”) made available through the website may be governed by rules that are separate from this agreement. If you participate in any promotions, please review the applicable rules as well as our privacy policy. If the rules for a promotion conflict with this agreement, the promotion rules will apply.

  1. General terms

Relationship none of the provisions of the terms shall be deemed to constitute a partnership or agency between you and the company and you shall have no authority to bind the company in any manner, whatsoever. This agreement is solely for your and the company’s benefit and not for the benefit of any other person, except for permitted successors and assigns under this agreement.

Assignment you may not transfer to anyone else, either temporarily or permanently, any rights to use the services or any part of the services. Any attempt by you to do so is void. The company may assign, transfer, delegate and/or grant all or any part of its rights, privileges and properties here under to any person or entity.

Force majeure neither party shall have any liability for any interruption or delay, to access the site due to force majeure event. For the purposes of this clause, ‘force majeure event’ means any event or circumstance or combination of events and circumstances which is reasonably beyond the control of the party affected thereby and which causes or results in default or delay in performance by such affected party of any of its obligations under this agreement and includes an act of god, war, hostilities, civil commotion, strikes, lockouts and other industrial disputes.

Applicable law these terms are governed by and construed in accordance with, the laws of India without giving effect to principles of conflict of law. In the event of any dispute or claim by you against the company, you agree to submit to the exclusive jurisdiction of courts at Mumbai.

Limited time to bring you’re claim you and the company agree that any cause of action arising out of or related to use of the site or the services must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.

Survival rights and obligations under the terms which by their nature should survive will remain in full effect after termination or expiration of the subscription.

Non waiver any express waiver or failure to exercise promptly any right under this agreement will not create a continuing waiver or any expectation of non-enforcement.

Entire agreement these terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

  1. Termination

Imperfekt Beauty may, in its sole discretion, terminate these terms of service and your use or access to the site immediately and without notice for any reason.