TERMS OF USE
Last updated
AGREEMENT TO OUR LEGAL TERMS
We are
We operate
You can contact us b email at :- Duskyfabrics@gmail.com
These Legal Terms constitute a legally binding agreement made between you, whethe personallv or on behalf of an entity (you- and_ use of the Services. You agree that by accessing the Services, you have read understood, and agreed to be bound by all of these Legal Terms IF YOU DO NOT AGREE WITH ALL concerning your access to and OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY Supplemental term: and condition: or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about an'y changes by updating the "Last updated" date os these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsitilty to periodically review these Legal Terms to stay informed of updates You will be subject t0, and will be deemed to have been made aware of and to have accepted, the changes in any revised Leoal Terms by your continued use of the Services aner the date such revised Legal Terms are posted.
We recommend that you print a copy of these Legal Terms for your records
TABLE OF CONTENTS
1) OUR SERVICES
2) INTELLECTUAL PROPERTY RIGHTS USER REPRESENTATIONS
4) PROHIBITED ACTIVITIES
5) USER GENERATED CONTRIBUTIONS
6) CONTRIBUTION LICENSE
7) SERVICES MANAGEMENT
8)TERM AND TERMMINATION 9)MODIFICATIONS AND INTERRUPTIONS
10. GOVERNING LAW
11. DISPUTE RESOLUTION
12. CORRECTIONS
13.DISCLAIMER
14. LIMITATIONS OF LIABILITY
15. INDEMNIFICATION
16. USER DATA
17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES 18.MISCELLANEOUS
19. CONTACT US
OUR SERVICES
The information provided when using the Services not intended 10 distnibution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrarv to law regulation or which would subject us to any registration reguirement within such jurisdiction or country Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws , if and to the extent local laws are applicablc.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
owner or the licensee of all intellectual property rights in our Services, including all source code, databases. functionality sofware, website designs audio, video, text photographs. and graphics in the Services (collectivelv,. the Content), as well as the trademarks, service marks, and logos contained therein (the "Marks") We are
Our conten and Marks are protected by copyright and trademark laws (and various other intellectual properts rights and unfair competition laws and treaties in the Uniled States and around the world. The Content and Marks are provided in or t hrough the services "AS IS" for your personal, non-commercia use or internal business ‣ purpose only
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES
)access the Services; and
)download or print a copy of any portion of the Content to which you have property gained access
a You have surpassed your 1 pollcy limit.
solely for your personal, non-commercial use or interal business purpose.
Except as se out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks posted, publicly dispłayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise explonted for any commercial purpose whatsoever without our express prior may be copied, reproduced aggregated, republished uploaded, written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms please address your request to we ever grant you the permission to post. reproduce or publicly display any part of our Services or Content, you must identity us as the owners or licensors of the Services. Content or Marks and ensure tha: any copyright or proprietary notice appears or is visible on posting, reproducing. or displaying our Content.
We reserve all Rights not expressly granted to you in and to the ServicesContent and Marks
Any breach of these ntellectual Property Rights will constule
matenial breach of our Legal Terms and your rignt to use our Services will terminate immediately.
Your submissions
Please review this section and the "PRO1 HIBITED ACTIVITIES- section carefully prior lo using our Services you post or upload any content through the Services.
directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"). yoL agree 1o assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and disseminatior any lawful purpose commercial or otherwise, without acknowledgment or compensation to you .
You are responsible for what you post or upload: By sending us Submissions throught:any part of the services you:
) confirm that vou have read and agree with our "PROHIBITED ACTIVITIES and will not post. send, publish, upload. or transmit through the Services any Submission that Is illegal, harassing, hateful, harmful, defamatory, obscene, bulying, abusive discriminatory, threatening to any person or group sexwally explicit, false, inaccurate, deceitul, misleading
: to the extent permissible by applicable law, waive any and all moral rights to any such Submission.
)warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights relation to your Submissions:and
) warrant and represent that vour Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly anree to reimburse us for anv and all losses.that we may suffer because of your breach of
(a) this section.
(b) any third party intellectual rights
C) applicable law.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breact of (a).this section, (b) an] third party's intellectual property rights. (c) applicable law
3. USER REPRESENTATIONS
using the Services, you represent and warrant that (1 you have the legal capacity and you agred to comply with these which you reside; (3) you will not access the Services through automated or non-human means, whether through a bot. scnpt or otherwise, (4) you will not use the Services for any Legal Terms: (2) you are not a minorin the junsdictior legal or unauthorized purpose: and (5) your use of the Services will not violate any applicable law or requlation
It you provide any information that is untrue, inaccurate not current. of the Services (or any portion thereot
incomplete, we have the right to suspend or terminate your account and refuse any and all current o future us
4 PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that tor which we make the Services avallable The Services may not be used in connection with any commercia endeavors except those that are speciically endorsed or approved by us
As a user of the Services you agree not to :-
> Systematically retrieve data or other content from the Services to create or compile, directly or indirectly collection, compilation, database, or directory. without written permission from us.
> trick. defraud. or mislead us and other users. especially in any attemot to learn sensitive account information such as user passwords
>Circumvent, disable otherwise interfere with security-retated features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limiations on the use of the Services and/or the Content contained therein
> Disparage, tamish, or otherwise harm in ouropinion us and/or the Services
>Use anv information obtained from the Services in order to harass, abuse harm another person.
> Make improper use our supoort services or submit false reports of abuse or misconduct
> Use the Services in a manner inconsisten with any applicable laws regulations. Engage in unauthorized framing of or linking to the Services
> Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses other material, including excessive use of capital letters and spamming (continuous posting of repettive text). that interferes with any party's uninterrupted use and enjoyment of the Services modifies, impairs, disrupts, alters. interferes with the use features. functions, operation, or maintenance of the Services.
> Engage in any automated use the svstem. such as using scripts send' comments or messages using any data mining, robots, or similar data gathering and extraction tools.
>Delete the copyright or any other proprietary rights notice from any Content.
> Attempt to impersonate another user person or use the username another user.
> Upload or transmit (or attempt to upload or to transmit) any matertal that acts as a passive active information collection o transmission mechanism, including.without limitation, clear graphics interchange formats ("gifs"), 1x1 piets, web bugs, cookles other similar devices (sometimes referred to as "spyware" or "passive collectior mechanisms" or "pcms").
>Interfere with. disrupt. create an undue burden on the Services or the networks or services connected to the Services
> Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
> Attempt to bypass an measures of the Services designed to prevent or restrict access to the Services. or an portion of the Services
> Copy or adapt the Services' software, including but not imited to Flash, PHP, HTML, JavaScript, or other code.
> Except as peritted by applicable lav decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
> Except as may be the result of standard search engine or intemet browser usage use, launch develop, or distribute any automated system. including without imitation. any spider, robot, cheat utility, scraper, or ofine reade thal accesses the Services or use or launch any unauthorized script or other sottware.
> Use a buving agent or purchasing agent to make purchases on the Services
>Make any unauthorized use of the Services, including collecting usernames and/or emai addresses of users b electronic or other means fo the purpose of sending unsolicited emal. or creating user accounts by automated means or under false pretenses.
> Use the Services . part of anv etort to compete with otherwise use the Services and/or the Content fos any revenue-generating endeavor commercial enterptise.
5. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submilt or post content We may provide you with the opportunity to create submit post. displav. transmit: perform. publish. distnbute, or broadcast content and matenials to us or on the Services, including but not limited 10 text writings, video, audio, photographs, graphics comments, suggestions,or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websies . whien you create or make available Contributions. vou thereby represent and warrant that
6.CONTRIBUTION LICENSE
You and Services agree that we may access, store process, and use any information and personal data ihat you provide and your choices (inciuding setings).
By submiting suggestions or other feedback regarding the Services. you agree that we can use and share such feedback for any purpose wihout compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietan riohts associated with your Contributions. We are not able for any statements or representations in your Contributions provided by you in any area on Services. You are solely responsible tor yout Contributions to the Services and you expressly agree to exonerate us from any anc responsibinty and to refrain from any legal action/against.us regarding your Conttibution.
7. SERVICES MANAGEMENT
We reserve the nght, but not tne obligation, to: (1) monitor the Senvices for violatons of these Legal Terms, (2) take appropriate legal action against anyone who. in our sole descretion. the lw or hese Leal Terms, including without lemitation. repottina such user to law enforcemen authorities. (3) in our sole discretion and without timitation. refuse. restrict violates access to, limit the avalabaty o. or disable (o the extent technologically feasible) any of your Contnbutions or any portion thereot, (4) in our sole discrebon and wrhout imitation notice, or labulty, to remove trom the Services or oterwise disable tes and content that are excessive in size or are in ary way burdensome to our systems, and (5) otherwise manage the Services in a manner cesigned to protect our rights and property and to facanate the proper tunctioning of the Services.
8. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect wie you use the Services. WiTHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE tHe RIGHT TO, IN OUR SOLE DISGRETIONAND WITHOUT NOTICE OR LIABILITY NY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAINIP ADDRESSES). TO ANY PERSON FOR ANY REASON OR FOR NO REASON., INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION. WARRANTY. OR COVENANT CONTAINED IN THESE LEGAL TERMS GR OF ANY APPLICABLE LAW OR REGULATION WE MAY TERMINATE YOUR USE OR PARTICIPATIONIN THE SERVICES OR DELETE ANY CONTENT or InNFORMATION THAT YOU POSTED AT ANY TIME . WITHOUT WaRNING. IN CUR SOLE DISCRETION.
It we terminate or suspend your account or any reason, you are prohibited from registering and creating a new account under your name, a fake or borowed name or te name of any third party. even if you may be acting on behalf of the third party In Addison to terminating or suspending your account. we reserve the right to take appropriate legal action including without limitation pursuing civil, criminals, and injunctive redress.
9 MODIFICATIONS AND INTERRUPTIONS
We reserve te right to change. modify remove the contents of the Services at any time or for any reason at our sole discretion without notice However, we have no obligation to update any information an our Servces we will not be liable to you or any third party for any modification, price change. suspension. discontinuation of the Services
We cannot guarantee the Services will be available at all times. We may experience hardware, software other problems or need to perform maintenance related to the Services. resulting in interruptions, delays or error. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any tume or for any.reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inabilty to access or use the Services during any downtime or to maintain and discontinuance of the Services or to supply any corrections updates. or releases in discontinuance of the Services Nothing in these Legal Terms will be continued to obligate connection therewith.
10. GOVERNING LAW
These Legal Terms shall be govered by and detined tollowing the laws or exctusive junsdiction to tesolve any dispute whoch may anse in connecton with these Legal Terms
11. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy or claim retated to these Legal Terms (each a "Dispute" and collectively, the ""Disputes") brought by either you ot us (ndividuallN "Party" and collectively, the "Parties" the Parties agree to first attempt to negotiate any Dispule (except those Disputes expressty provided below) informally for at least. days before initiating arbitration. Such informal negotiations commence upon wnitten notice from one Party to the other Pary.
Binding Arbitration
Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence valiaty, or termination, sha₩ be referred to and finaly resolved by the International Commercial Arbitration Court under the European Arbitrabion Chamber (Belgium, Brussels, Avenue Louise,146) according to the Rules of this ICAC which, as a resuit of referring to it, is considered as the part of this clause. The number of arbitrators shall be.......... .The seat. orlegal place, arbitration shall be.......... The language of the proceedings shall be............. The governing law of these Legal Terms shall be substantive law of.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually, To the full extent permitted by law, (a) no arbitration shall be joined with anv iother proceeding. (1 there is no right or authorty for any Dispute to be arbitrated on a class-action basis or to utilize class actior procedures; and (c) there is no nght or authority for any Dispute to be brought in a purported representative capacity on behal the general public os any other persons
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the folowing Disputes are not subject to the aove provisions.concering informal negotiations binding artitration (a) any Disputes seeking to enforce or protect, or concerning the validit of, any of the intellectual property nghts of a Party, (b) any Dispute related to , or arising ftrom, allegations of inen, piracy, invasion of prwvacy or unauthorized use; and (c) any claim for injunctive relief, If this provision is found to be miegal or unenforceable. then nelther Party will elect to arbitrate any Dispute falig wthin that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above. and the Parties agree to submit to the personal jurisdiction of that court
12.CORRECTIONS
There may be information on the Services that contains typographical errors, Inaccuracles or omissicns including descriptions. pricing. avatabilty. and varous othe information.We reserve the right to correct any errors, inaccuracie romissions and to change update the information on the Services at any time, without prior notice.
13. DISCLAIMER
13. DISCLAIMER
THE SERVICES ARE PROVIDED ONAN AS-IS AND AS-AVAILABL BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL S AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF INCLUĐING, WITHOUT LIMITATION. THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT O ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR AnY (1) ERRORS MISTAKES. OR INACCURACIES OF CONTENT AND MATERIALS 2 PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAl INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5)ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, ANDIOR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY I1 OSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE Oe ANY CONTENT POSTED. TRANSMITTED, OR OTHERWISE MADE OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR AVAILABLE VIA THE SERVICES. WE DC NOT WARRANT ENDORSE GUARANTEE. OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OTHER ADVERTISING, AND WE WIL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES AS WITH THE PURCHASE OF A PRODUC OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
14. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOL OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS O DATA, OR OTHER DAMAGES ARISING FROM YOUR EXEMPLARY, INCIDENTA! SPECIAL USE OF THE SERVICES, EVEN I: WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILLAT ALL TIMES BE LIMITED TO THE LESSER O THE EXCLUSION AMOUNT OR PAID, IF LIMITATION ANY BY Or YOU CERTAJN TO US OR DAMAGES. CERTAIN IF US THESE STATE LEWS LAWS APPLY AND TO IN YOU, SOME ERNATIONAL OR AL LAWS DG THE NOT ABOVE ALLOW DISCI LIMITATIONS AIMERS OR Ov. IMPLIED LIMITATIONS MAY WARRANTIES NOT OR APPLY THE TO YOU. AND YOU MAY HAVE ADDITIONAL RIGHTS.
15. INDEMNIFICATION
You agree to defend, indemnit and hold us harmless, including our subsidiaries, affiliates, and all of our respective omcers. agents partners, and employees, from and against any loss. damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any tnird party due to or arising out of (1) use of the Services, (2) breach of these Legal Terms; (3) any breach of your representations and warranties ses forth in these Legal Terms; (4) your violation of the nights: of a third party, including but not limited to (5) any overt harmful act toward any other user of the Services with whom you connected via the Services Notwithstanding the foregoing. we reserve the assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperale, at your expense, with our intellectual property rights. defense of such claims. We will use reasonable efforts to notify you of any such claim, action "proceeding which is subject to thls indemniftication upon becoming aware or right, at your expense to, your expense,to assume the exclusive defense and control of any.matter for which you are required to indemnity us, and you agree to cooperate, at your expense, with oul delense of such claims. We will use reasonable efforts to notily you of any such claim. action, or proceeding whict sutject 1o this indemnification upon becoming aware of it.
16. USER DATA
We will maintain certain data that t you transmit to the Services for the purpose of managing the performance of the Services as well as dala relating to vour use of the Services Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to am activity you have undertaken using the Services You agree that we shall have no liability to you for any loss or corruption of an such data, and you hereby waive any right of action against us arising from any such loss or corruption or such data.
17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending US emats. and completing online fors constitute electronic communications. You consent to receive electronic communications. and vou agree that al agreements, notices. disclosures. and other communications we provide to you electronically, via email and on the Services, satisty any. legal reguirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes.requlations.rules, ordinances. or other laws any junisdiction which require an onginal signature delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
18. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us, Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such night.orprovision/ These LegalTerms operate 1o the fullest extent permissible by law. We may assign any or alliof our nahts and obligations to others at any time. We shall not be responsible or liable for any loss, damage delay, or falure to act caused by any cause beyond our reasonable control. If any provision or part or a provision of these Legal Terms is ‣ determined to be unlawful, void, of unenforceable,that provision or part of the provision is deemed severable from these egal Terms and does not atlect the validity and enforceabilty of any remaining provisions There is no ioint venture. partnership. employment or agency relationship created between you and us as a result of these Legal Ters or use of the Services. You agree that these Legal Terms will not be construed against us Dy virtue of having drafted them. You herebs waive any and all defenses you may have based or the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal terms.
19. CONTACT US
In order
resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at :- duskyfabrics@gmail.com
Phone number :- 9899425782