FashionShowers.in:
Web Site Terms and Conditions
Introduction
This document sets forth the terms and conditions
(these "Terms and Conditions") governing your use of "FashionShowers.in",
an Internet Web site (the "Site") operated by Dream Merchants.,
And the "Content" (defined below), information, links and
services made available on and through the Site. Please read these Terms
and Conditions carefully. These Terms and Conditions will form a binding
Agreement between you (also referred to as "user") and us,
Dream Merchants.
Acceptance of these Terms and Conditions
Your use of the Site indicates your acceptance
of these Terms and Conditions. If you do not accept these Terms and
Conditions, you may not use the Site. Your use of the Site is a privilege.
Your continued use of the Site constitutes your agreement to these Terms
and Conditions. If at any time you do not agree to these Terms and Conditions,
you must cease your use of this Site. Notwithstanding the above, Dream
Merchants reserves the right to suspend your use of the Site for any
reason at any time, in its sole discretion.
Changes to these Terms and Conditions
Please review these Terms and Conditions each
time you visit the Site. The information contained in these Terms and
Conditions may be changed or updated by Dream Merchants in whole or
in part from time to time without prior notice to you by posting the
modified Terms and Conditions to the Site. Any changes to these Terms
and Conditions will be effective immediately upon Dream Merchantss
posting of them to the Site.
Intellectual Property
The text, graphics, designs, logos, button icons,
images, audio clips, data compilations and information (the "Content")
contained on the Site are owned or controlled by Dream Merchants and
the other respective beneficial rights owners of the Content, and are
protected by India and international copyright laws. You may download
the Content "as is" to a "Computer" (defined below)
solely for your personal use and only for noncommercial purposes. Therefore,
you may NOT (and you may not cause any third party to) send or post
a downloaded of the Content from the Site to personal or corporate blogs,
vlogs and the like (e.g., blogster.com, wordpress.com, etc.), video
share Web sites (e.g., YouTube.com, GoogleVideo.com, Flickr.com, etc.),
social Web sites (e.g., myspace.com, friendster.com, facebook.com, Bebo.com,
cyworld.com, etc.) or other Web sites or IP addresses where the Content
can be posted, shared, and/or re-downloaded. You may NOT edit, modify
or further reproduce the Content for any purpose whatsoever.
All logos, identifications, word marks, trade
names, trade dress and other trademarks displayed on the Site ("Trademarks")
are registered Trademarks of Dream Merchants and/or of the respective
Trademarks beneficial rights owner. Depiction's of products or
services on the Site are Trademarks of their respective beneficial rights
owners and are protected in the India and internationally. No use of
any Trademarks may be made without the prior written authorization of
Dream Merchants and/or the respective beneficial rights owners of the
Trademarks except to identify the products or services associated therewith.
Nothing contained herein shall be construed as conferring any license
or right to any of the patents, copyrights or Trademarks embodied in
the Site. All rights, title and interest in the Content and the Trademarks
shall reside solely with Dream Merchants or the respective beneficial
rights owners thereof.
Dream Merchants does not want to receive any
confidential or proprietary information from you through the Site and
any information or materials sent to Dream Merchants through the Site
in respect of any products or services referenced or offered on the
Site will be deemed NOT to be confidential. By sending Dream Merchants
any information or materials regarding the Site or Dream Merchantss
business, you grant Dream Merchants an unlimited, worldwide, irrevocable
right and license to use, reproduce, display, perform, modify, transmit,
exploit and distribute those materials and/or information, and you also
agree that Dream Merchants is free to use any such submitted (even if
unsolicited) ideas, inventions, concepts, know-how or techniques that
you send Dream Merchants via the Site or otherwise for any purpose.
Such purposes may include disclosure to third parties and/or developing,
manufacturing and/or marketing goods or services.
Representations of the Sites Users
By using the Site, you hereby represent and warrant
to Dream Merchants that: (i) all information and data contained in any
transmission or submission by you is either owned by you or rights have
been granted to you permitting you to disseminate the information as
set forth in these Terms and Conditions; and (ii) the information and
data contained in any transmissions and submissions by you does not
infringe on the intellectual property rights of others, including but
not limited to, copyright, trademark, patent, or trade secret rights.
Limitations on Information Submitted
Any submission or transmission of information
and data by you through the Site to Dream Merchants is subject to the
following additional guidelines and restrictions:
1. It may not contain URLs or links to any other
Internet Web sites;
2. It may not contain copyrighted material (unless you own the copyright
or have the beneficial rights owner's written permission to post the
copyrighted material);
3. It may not contain trade secrets (unless you own them or have the
beneficial rights owner's written permission to provide or post them);
4. It may not contain material that infringes on the intellectual property
rights of others, including but not limited to copyright, trademark,
patent, or trade secret rights;
5. It may not contain information or data that is known by you to be
slanderous, untrue, false or misleading or that does not fairly or accurately
depict or describe the subject matter that is the subject of the information
and data provided or posted by you;
6. It may not contain information or data which impersonates another
entity or person whether living or dead, misstates the identity of any
entity or person whether living or dead, or misstates or misleads as
to gender, race, religious preference, sexual preference or age;
7. It may not contain viruses, bots, Trojan horses or other programs
or information which disrupts, crashes, hacks into, or otherwise interferes
with the operation of the Site;
8. It may not be sent for the purpose of "flooding", "mailbombing"
or "crashing" the Site;
9. It may not solicit money, donations, investments, financial advice,
or make any offering of securities or investments; and/or
10. It may not be, or operate as, chain letters or pyramid schemes.
Monitoring of Information
and Data
Dream Merchants does NOT assume any obligation
to review the accuracy, completeness, truthfulness or content of any
information and data submitted and transmitted to the Site by: (1) you,
(2) other users of and visitors to the Site, or (3) persons and entities
promoting, offering or responsible for the Content, products and/or
services on the Site. Notwithstanding, Dream Merchants may in its discretion
review information and data submitted or transmitted to the Site for
any purpose whatsoever and it reserves the right, in its sole discretion,
to reject any information and data submitted and transmitted to the
Site for any reason whatsoever.
Hyperlinks
From time to time, as a convenience to you, Dream
Merchants may include links on the Site to third party Web sites, or
permit third parties Web sites to link to the Site. Links to or from
a third party Web site, whether provided by Dream Merchants or not,
do not imply any affiliation between Dream Merchants and the other Web
sites or their owners, or an endorsement of such third party Web
sites. Dream Merchants may cancel any link at any time and will remove
any link from the Site upon request from the beneficial rights owner
of the linked Web sites. Such requests should be sent to the Sites
administrator, www.DreamMerchantsIndia.com
Availability
Not all of the Content, products and services
described on the Site are available or accessible in all geographic
areas of the world. You may not be eligible to view or receive all of
the described Content, products or services on the Site and Dream Merchants
reserves the right to determine the eligibility of any user for any
Content, product or service. The Sites separate pages relating
to the Content, products or services may provide additional information
on the availability of the Content, products or services and may contain
additional terms governing eligibility.
Children
The Site does not intend to market any of the
Content, products or services to children. Dream Merchantss does
not knowingly gather, or solicit data, from children through the Site
for marketing purposes.
Accuracy of the Content
Dream Merchants will make every reasonable effort
to include accurate and up to date Content on the Site. Notwithstanding
the foregoing, Dream Merchants provides the Content for your informational
purposes only and does not warrant or represent that descriptions of
the Content on the Site is complete, accurate, reliable, current or
error-free.
Disclaimer
THE SITE AND THE CONTENT AND INFORMATION ON THE
SITE IS PROVIDED AS IS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DREAM MERCHANTS MAKES
NO REPRESENTATION OR WARRANTY THAT THE CONTENT AND INFORMATION CONTAINED
ON THE SITE WILL BE CURRENT, TIMELY, COMPLETE, UNALTERED, ACCURATE,
OR ERROR FREE. DREAM MERCHANTS HAS NOT REVIEWED ALL THE WEB SITES THAT
MAY BE LINKED TO THE SITE AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE
FOR THE CONTENT OF ANY LINKED WEB SITES OR ANY ADDITIONAL WEB SITES
LINKED TO THE LINKED WEB SITES. YOUR DECISION TO USE AND ACTUAL USE
OF THE LINKS TO ANY OF THE LINKED WEB SITES IS AT YOUR OWN RISK. TO
THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES,
ALL OF THE CONTENT ACCESSIBLE ON THE SITE, OR ANY LINKED WEB SITES TO
THE SITE, IS WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
IN NO EVENT SHALL DREAM MERCHANTS BE LIABLE TO YOU OR ANY PARTY CLAIMING
THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL
DAMAGES FOR ANY USE OF THE SITE, ANY OF THE LINKED WEB SITES, OR ANY
WEB SITES LINKED TO THE LINKED WEB SITES, INCLUDING, WITHOUT LIMITATION,
ANY PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE. YOU AGREE TO INDEMNIFY,
DEFEND AND HOLD DREAM MERCHANTS AND ITS AFFILIATED COMPANIES, OR ANY
OF THEM, HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY LIABILITY,
CLAIMS, CAUSES OF ACTIONS, DAMAGES, COSTS AND EXPENSES, INCLUDING BUT
NOT LIMITED TO, ATTORNEYS FEES AND COSTS OF SUIT, ARISING OUT
OF YOUR BREACH OF THESE TERMS AND CONDITIONS.
Governing Law and Venue
These Terms and Conditions are governed by the
internal substantive laws of the State of Karnataka in India, without
respect to its conflict of laws principles. Jurisdiction and venue for
any claims arising under or in connection with your use of the Site
or these Terms and Conditions shall lie exclusively with the state and
courts within the State of Karnataka. You hereby irrevocably consent
to the jurisdiction of the state and courts within the State of Karnataka.
If any provision of these Terms and Conditions is found to be invalid
by any court having competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of these Terms
and Conditions, which shall remain in full force and effect. The failure
of Dream Merchants to enforce any term or condition of these Terms and
Conditions shall not be deemed a waiver thereof and shall not prevent
Dream Merchantss later enforcement.
Privacy Policy
Dream Merchants is committed to protecting your
privacy and the security of all information and data on the Site. To
demonstrate this commitment, Dream Merchants has adopted the following
privacy policy (this "Privacy Policy") based on the principles
of notice/awareness, choice/consent, access/participation and integrity/security
in the collection and use of all information regarding the Sites
users and their activities at the Site. Please review this Privacy Policy
each time you use the Site as it is subject to change at any time by
Dream Merchants without notice to you. It is your obligation to review
this Privacy Policy from time to time. By accessing the Site you are
indicating your agreement to this Privacy Policy. Any changes to this
Privacy Policy will be effective immediately upon posting to the Site.
Notice of the Sites Privacy Policy
This Privacy Policy tells you, among other things,
what information and data that Dream Merchants gather or collect from
you via the Site, how Dream Merchants may use or disclose that information
and data, and Dream Merchantss efforts to protect that information
and data. Please read this Privacy Policy carefully.
What Types of Information and Data are Collected
and Why?
Information and Data Submitted and Transmitted
by You At times, Dream Merchants may ask you to provide information
and data about yourself or your business in order to enhance and improve
your use of the Site. For example, some of the information and data
that Dream Merchants may ask you to provide may include your name, title,
company, address, phone number, email address, and other relevant data.
Dream Merchants does not require this information and data to obtain
access to any area of the Site. This information and data will enable
Dream Merchants to contact you should the need arise or to respond appropriately
to any request or question you have about the Site.
Information Collected by the Sites Cookies
Dream Merchants may also make use of the Sites
"cookies" feature (described below) to help you use the Site
more easily, and to help Dream Merchants continuously improve the Site.
A "cookie" is a small data file that the Site can send to
the Internet browser you are using, which may then be stored on the
hard drive or server of the Computer you are using to help the Site
remember information about you when you return to the Site, such as
your preferences for the Site or your account identifications. The Sites
cookies do not read data from the hard drive of the Computer you are
using, read cookie files created by other Web sites, or track any personal
information about you. You may have the option of setting the Internet
browser (e.g., Google, Yahoo!, etc.) you are using to reject cookies
however doing so may negatively impact upon the performance of the Site
or restrict Dream Merchants in better serving your use of the Site.
The "help" portion of the toolbar on most Internet browsers
will tell you how to prevent the Internet browser you are using from
accepting new cookies, how to have the Internet browser notify you when
a new cookie is received, or how to disable the cookie feature altogether.
Also, as the Site advertises the products and services of third parties,
when you click on the banners or pop-ups or hyperlinks on the Site you
must assume that information is being collected about you. Dream Merchants
is not responsible for the use of any information and data collected
in such a manner. You must also assume that (1) information and data
will be collected, (2) that cookies will usually be placed by Web sites
on the hard drive of the Computer you are using, (3) that Dream Merchants
has no control over what happens with such third party collection of
your information and data, (4) that Dream Merchants takes no responsibility
for the advertisers, sponsors and/or vendors Web sites,
(5) that Dream Merchants is not responsible for downloads from third
party advertisers, sponsors and vendors that contain viruses or worms
or other computer code that causes harm to the Computer or software
you are using, and (6) that Dream Merchants assumes no responsibility
for the information and data that is garnered from the click itself
or that the advertiser, sponsor and/or vendor collects.
Email Information
If you send a person or entity an email from
the Site, or if you email the Sites URL, you must assume that
some data is collected about IP address that you are using and/or your
email address and that of the person or entity to whom you sent the
email. You must assume that referred emails or Web site pages may appear
to come from your email. You must accept full responsibility for referring
emails and Web site pages to such persons and entities agree to
indemnify Dream Merchants for any damages, intentional or unintentional,
that result from said emails and URL referrals.
How Does Dream Merchants Use My Information
Collected by Cookies?
Dream Merchants will retain the information collected
by cookies on the Site on a secure server so that when you revisit the
Site, you will not need to re-enter your information. Dream Merchants
may use the information collected by cookies in an aggregated form to
measure number of visits, average time spent on the Site, pages viewed,
and other relevant statistics. In general, Dream Merchants collects
this information to measure the overall visitor traffic, use of the
Site and to improve the Content of the Site.
Dream Merchants uses your personally identifying
information collected by cookies on the Site to identify you as a user
of the Site and to assist and speed the completion of any transactions
and dealings on the Site. Dream Merchants may use your email address
to contact you directly regarding services or products that Dream Merchants
believes may be of interest to you. Dream Merchants may also use information
collected by cookies on the Site about your preferences and use and
activities at the Site, such as the particular pages you visit at the
Site and any transactions you effect through the Site, Dream Merchants
may vary the Content you view in future your visits to the Site based
on your preferences, usage, and activities.
Disclosure of Aggregate Information
Dream Merchants may combine your personally identifying
information, and information about your preferences, usage and activities,
with those of all or a particular group of the Sites users to
prepare collective profiles of the Sites users and their preferences,
usage and activities for Dream Merchantss internal use. For example,
Dream Merchants may track the number of the Sites users who view
certain pages or use certain features on the Site or to track geographic
trends. Such information and data, and other information Dream Merchants
derives from the Sites individual users' information and data,
allows Dream Merchants to continue to develop and provide you with quality
information and data through more accurate marketing and advertising
of the Site. Dream Merchants may share aggregated information concerning
the Sites users, without attribution of personal information,
to Dream Merchantss sponsors, vendors, advertisers, affiliates
and other companies with whom Dream Merchants conducts business.
Disclosure of Personal Information to Third
Parties
Dream Merchants may disclose your personal information
that you provide or that Dream Merchants collects on the Site, such
as your name, address, email address, telephone number, account numbers,
etc. to third parties. Dream Merchants may lease, license, sublicense,
rent, transfer, disclose, disseminate or otherwise grant access to the
information, and data that you provide or that cookies collects from
you from the Site, to persons outside of Dream Merchants. Dream Merchants
will, however, comply with any court order or other requirement of law
which requires Dream Merchants to disclose your personal information.
What Does Dream Merchants do to Keep the Site
Secure?
Dream Merchants may use industry-standard encryption
methods to transmit your personal registration information and data
from the "Computer" (including, but not limited to, a desktop
or home computer, laptop, personal digital assistant (e.g., a Blackberry),
and/or portable or tablet computer) you are using to the Sites
server across the Internet, and Dream Merchants may restrict access
to any transactional portions of the Site to Computers running Web site
browsers that support Secure Socket Layer ("SSL") protocol.
To use this protection technology, you need to use a SSL-capable browser.
Dream Merchants may use industry-standard encryption methods to submit
and transmit your personal information and data from the Computer you
are using to the Sites server across the Internet, and Dream Merchants
may restrict access to any transactional portions of the Site to Computers
running Web site browsers that support Secure Socket Layer ("PGP")
protocol. To use this protection technology, you need to use a PGP-capable
decoder.
The Site may contain "links" to other
Web sites, and Dream Merchants cannot and are not responsible for maintaining
your privacy once you leave the Site. Dream Merchants attempt to only
post links to Web sites that share Dream Merchantss high standards
and respect for the users privacy. If you provide any information
or data to parties who operate Web sites that are linked to or from
the Site, different rules may apply to their collection, use or disclosure
of your personal information and data, including information provided
by you and collected by their Web sites cookies. Dream Merchants
strongly encourages you to review such other Web sites' privacy and
legal policies before revealing any sensitive or personal information.
Under no circumstances shall Dream Merchants have any liability whatsoever
for the use of your information and other activities conducted by or
at any Web sites accessed from or through the Site. Regardless of the
precautions taken by Dream Merchants, Dream Merchants cannot and does
not ensure or warrant the security of any information and data that
you submit and transmit to Dream Merchants and/or is collected by the
Sites cookies, at your own risk. Further, Dream Merchants assumes
no responsibility for (1) any damage to Computers or software that you
are using to access the Site, or (2) any damage incurred by you or any
person or entity you subsequently communicate with from corrupting code
or data that is inadvertently passed to their Computers.
What You Can Do To Protect Your Information?
Use only secure Web sites when disclosing your
personally identifiable information. Secure pages generally begin with
"https". Avoid easy to decode (that is, easy to figure out)
access codes (e.g., your name) and/or personal ID (PIN) codes. Never
respond to unsolicited requests for your social security number (SSN)
or financial data. Do not disclose your passwords to the Site or your
account information to any other person or entity.
Special Privacy Policy on Information Regarding
Children
(persons under 18 years of age)
The Site is not directed to children, and Dream
Merchants does not knowingly collect any personal information from children.
If you are concerned about your child's use of the Site, you may use
Web site filtering technology to supervise or limit access to the Site.
General
These Terms and Conditions, including the Privacy
Policy, is governed by the internal substantive laws of the State of
Karnataka in the India, without regard to its conflict of laws principles.
Jurisdiction for any disputes, controversies and claims arising under,
in connection with, or out of these Terms and Conditions and/or this
Privacy Policy shall lie exclusively with the state and federal courts
within the State of Karnataka. If any provision of these Terms and Conditions
and/or this Privacy Policy is found to be invalid by a court having
competent jurisdiction, the invalidity of such provision shall not affect
the validity of the remaining provisions of these Terms and Conditions
and/or this Privacy Policy, which shall remain in full force and effect.
UNDER NO CIRCUMSTANCES SHALL Dream Merchants HAVE ANY LIABILITY WHATSOEVER
FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING
OUT OF THESE TERMS AND CONDITIONS AND/OR THIS PRIVACY POLICY, HOWEVER
OCCASIONED.