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Please read these Terms of Use carefully before accessing or using this website (the "Site").

ACCEPTANCE OF TERMS

 

1.You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that Purple Photo Agency, Inc. ("Purple Photo Agency") may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.

 

2.Purple Photo Agency may change these Terms of Use from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the home page of Purple Photo Agency.com to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.

INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS

3.All content on this Site, including but not limited to Images, , and related metadata (collectively the "Purple Photo Agency Content"), as well as the selection and arrangement of the Purple Photo Agency Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Purple Photo Agency Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and Purple Photo Agency, Purple Photo Agency does not grant any express or implied permission to use the Site, the Site Services (as hereinafter defined), or any Purple Photo Agency Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any Purple Photo Agency Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Purple Photo Agency Content.

 

4.Unless you enter into a license agreement with Purple Photo Agency you may not download, distribute, display and/or copy any Purple Photo Agency Content.

 

5.You may not remove any watermarks or copyright notices contained in the Purple Photo Agency Content.

 

PURPLE PHOTO AGENCY TRADEMARKS

 

6.For the purposes of these Terms of Use, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Purple Photo Agency.

7.Nothing contained herein grants or shall be construed to grant you any rights to use any Purple Photo Agency Trademark, unless expressly conferred by these Terms of Use.

8.You agree that you will not use Purple Photo Agency's Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Purple Photo Agency.

9.You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Purple Photo Agency Trademarks or the Trademark rights claimed by Purple Photo Agency.

10.You agree that you will not use any Purple Photo Agency Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.

 

11.You may not at any time, adopt or use, without Purple Photo Agency's prior written consent any word or mark which is similar to or likely to be confused with Purple Photo Agency's Trademarks.

 

12.The look and feel of the Purple Photo Agency website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Purple Photo Agency and may not be copied, imitated or used, in whole or in part, without the prior written consent of Purple Photo Agency.

 

13.All other trademarks, product names, and company names or logos used or appearing on the Purple Photo Agency website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Purple Photo Agency, unless expressly so stated.

14.You may not use a Purple Photo Agency trademark, logo, Image or other proprietary graphic of Purple Photo Agency to link to the Purple Photo Agency website without the prior written consent of Purple Photo Agency.

15.You may not frame or hotlink to the Purple Photo Agency website or any Image without the prior written consent of Purple Photo Agency.

SITE SERVICES

16.Various services are made available to you, pursuant to your use of the Site and Purple Photo Agency Content licensed thereon (the “Site Services”). Subject to your compliance with these Terms of Use, any applicable license agreement with Purple Photo Agency, and the law, you may access and use the Site Services. Purple Photo Agency remains the sole owner of all right, title, and interest in the Site Services and reserves all rights not expressly granted under these Terms of Use. Purple Photo Agency may modify, replace, or discontinue any Site Services at any time, for any reason, with or without notice, in Purple Photo Agency’s sole discretion. Purple Photo Agency provides the Site Services on an "as is" and "as available" basis. Purple Photo Agency (or third parties acting on its behalf) may collect data related to your use of the Site Services

17.Purple Photo Agency may make Purple Photo Agency Content available through the Site Services. You may not use any Purple Photo Agency Content for any purpose without first obtaining a license to use such Purple Photo Agency Content. Any use of Purple Photo Agency Content by you shall be governed by the applicable license agreement separately entered into between you and Purple Photo Agency. Displaying and/or distributing to the public any watermarked or unlicensed Purple Photo Agency Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.

 

INFRINGEMENT CLAIMS  NOTICES

21.If you believe that any Image or other material made available by Purple Photo Agency infringes upon any copyright that you own or control, you may notify Purple Photo Agency in the manner that is appropriate and just.

LIMITATIONS

22.You agree that you shall not:

a.Engage in any conduct that shall constitute a violation of any law or that infringes the rights of Purple Photo Agency or any third party.

b.Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by these Terms of Use.

c.Violate the rights of Purple Photo Agency or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.

 

RESTRICTION AND TERMINATION OF USE

23.Purple Photo Agency may block, restrict, disable, suspend or terminate your access to all or part of the Site, the Site Services, and/or Purple Photo Agency Content at any time in Purple Photo Agency's discretion, without prior notice or liability to you. Any conduct by you that, in Purple Photo Agency’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site or the Site Services is strictly prohibited and may result in the termination of your access to the Site or the Site Services without further notice.

LINKS TO THIRD PARTY SITES

24.In the event that Purple Photo Agency provides links from its website to any third-party website or permits any third party to link from its website to the Purple Photo Agency website, you should be aware that Purple Photo Agency makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their websites. Such websites are not under the control of Purple Photo Agency, and Purple Photo Agency provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by Purple Photo Agency.

WARRANTIES AND DISCLAIMERS

25.Your use of the Site and the Site Services are at your own risk. The Site and the Site Services, are provided by Purple Photo Agency under these terms of use "as is" without warranty of any kind, either express, implied, statutory or otherwise. Purple Photo Agency expressly disclaims any and all warranties of any kind, whether express or implied, to each and any Site Services made available at any time, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Purple Photo Agency makes no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations; and (iv) any errors or defects in the site, services or materials will be corrected. Purple Photo Agency makes no representations or warranties that the Site Services will be permitted in your jurisdiction, that the Site Services or your use of the Site Services will be uninterrupted or error-free, that any of Your Content submitted by you will be available through the Site Services or will be stored by the Site Services, that the Site Services will meet your needs, or that Purple Photo Agency will continue to support any particular feature of the Site Services. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site Services, and no warranties shall apply after such period.

PERSONAL INFORMATION AND PRIVACY

26.Purple Photo Agency will use and protect your data, such as your name and address, in accordance with the Purple Photo Agency Privacy Statement, the contents of which are incorporated by reference into these Terms of Use.

INDEMNIFICATION

27.You agree to defend, indemnify and hold harmless Purple Photo Agency, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use Site, the Site Services, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the Purple Photo Agency Content, or your violation of any rights of another.

GOVERNING LAW AND JURISDICTION

28.These Terms of Use are governed by and shall be construed in accordance with the laws of the State of Delhi, INDIA. You hereby consent to the personal jurisdiction of the state and federal courts located within such state. All actions, controversies and disputes arising from or relating to these Terms of Use shall be heard and decided exclusively before the courts located within the State, County and City of Delhi and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to these Terms of Use may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.

 

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