1. Using Photografia:
2. Your Photografia Account:
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. Photografia may change or remove any content that it considers inappropriate or unlawful. You must immediately notify Photografia of any unauthorized uses of your account, or any other breaches of security. Photografia will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
3. Ability to accept the Terms of Service:
This Website is intended only for adults. You affirm that you are either more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
4. Description of Service and Content Policy:
a. Photografia provide photographer’s listing and free online classifieds exclusively for used Cameras and other Photography equipments. You acknowledge and agree that Photografia is not in any way involved in transactions of products listed in Buy & Sell. The transactions will be offline and Photografia will have no control over such transactions. You use the service and website at your own risk. Please read the safety tips before making any purchases from the Buy & Sell.
b. You acknowledge and agree that Photografia does not pre-screen or approve any Content, but that Photografia has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to Photografia’s knowledge or for any other reason or no reason at all. Furthermore, the Website and Content available through the Website may contain links to other third party websites ("Third Party Websites"), which are completely unrelated to Photografia. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. Photografia makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other websites is completely at your own risk and Photografia disclaims all liability thereto.
c. You agree not to copy, modify, or distribute such content (other than Your Information), When you give us any content as part of Your Information, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to use, reproduce, publish, translate, distribute, perform and display such content (in whole or part) worldwide through the Site as well as on any of our publications and mobile platform. We need these rights with respect to the content in Your Information in order to host and display your content. We reserve the right to remove any such content where we have grounds for suspecting the violation of these terms and our Listing Policy or of any party's rights.
d. You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to use such Content (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content).
e. Furthermore, by you posting Content to any public area of the Service, you grant each user of the Website a non-exclusive license to access your Content through the Website. The foregoing license to each user granted by you terminates once you remove or delete such Content from the Website.
f. Photografia expressly disclaims any and all liability in connection with user Content. Photografia does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Photografia may, at its sole discretion, remove any infringing Content if properly notified that such Content infringes on another's intellectual property rights. Photografia reserves the right to remove any Content without prior notice. Photografia may also terminate a user's access to the Website, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Website more than twice. Further, at its sole discretion, Photografia reserves the right to decide whether any Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene, libelous, or defamatory material. Photografia may remove such Content and/or terminate a user's access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.
g. You acknowledge and agree that Photografia is not in any way involved in transactions of products listed in Buy & Sell. The transactions will be offline and Photografia will have no control over such transactions. You use the service and website at your own risk. Please read the Safety Tips before making any purchases from Buy & Sell.
5. Responsibility of Contributors:
If you upload any content on the Website, You are entirely responsible for the content and any harm resulting from that Content. That is the case regardless of whether the Content in question constitutes text, graphics or other information. By making Content available, you represent and warrant that:
a. The use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
b. The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
c. The Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
d. Your account is not named in a manner that misleads other users into thinking that you are another person or company.
A. You agree that your listing, posting and / or Information :
- Shall “not be fraudulent, misrepresent, mislead or pertain to the sale of any counterfeit, stolen goods and / or services;
- Shall not pertain to Photographs, goods and services of which you are not the lawful owner or which do not belong to you or you do not have the authority for.
- Shall not infringe any intellectual property rights, trade secret, or other proprietary right or rights of publicity or privacy of any third party;
- Shall not be obscene, contain pornography or contain “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- Shall not distribute viruses or any other technologies that may harm Photografia or the interests or property of Photografia users or impose an unreasonable load on the infrastructure or interfere with the proper working of Photografia;
- Shall not be placed in a wrong category or in an incorrect area of the site.
- Shall be placed in the city and state in which you are located and not in any other city and state;
- Shall not list or post information that is either prohibited or restricted under the laws of the Republic of India;
- Shall not impersonate any person or entity, including, but not limited to, Photografia employee, or falsely states or otherwise misrepresents an affiliation with a person or entity.
B. Additionally, you agree not to:
- Contact anyone who has asked not to be contacted or make unsolicited contact with anyone for any commercial purpose; or to "stalk" or otherwise harass anyone;
- Make any libelous or defamatory comments or postings to or against anyone;
- Collect personal data about other users or entities for commercial or unlawful purposes;
- Repeatedly post the same or similar Content or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
- Post the same item or service in multiple classified categories;
6. Paid Posting:
Photografia charge a fee for Photographer’s listing. There are two types of membership, Regular and Premium. Each party creating account on Photografia is responsible for Content uploaded by them. Any such fees paid hereunder are non-refundable in the event any Content is removed from the Service for violating these Terms or for deleting the account by the Photographer before the membership expires.
7. Notification of claims of Infringements:
Photografia is not liable for any infringement of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site by end users or any other third parties.
8. User Submissions:
You understand that when using the Website, you will be exposed to Content from a variety of sources, and that Photografia is not responsible for the accuracy, usefulness, safety or Intellectual Property Rights of or relating to such Content and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, defamatory or libelous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Photografia with respect thereto.
You agree not to hold Photografia or any of its officers or employees responsible or accountable for any of your listing, postings or information and nor shall we, our officers or employees be liable for any misuse, illegal activity or third party content as most postings, listings or information are generated by various users directly and we do not have any role in the creation, publication or distribution of the posting, listing or information, nor are we in a position to have editorial control over the substance or content contained in the listings, postings, or information. You understand and agree that we do not guarantee the accuracy or legitimacy of any listing, posting and information by other users. You further agree that we are not liable for any loss of money, goodwill or reputation, or any special, indirect, or consequential damages arising out of your use of the site or as a result of any sale, purchase of goods and services with other users of the site.
You agree to defend, indemnify and hold harmless Photografia, its officers and employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Website and/or the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Website.
11. No Spam Policy:
You understand and agree that sending unsolicited email advertisements or other unsolicited communications to Photografia email addresses or through Photografia computer systems are expressly prohibited by these Terms. Any communication between yourself and any other user utilizing the communication features available on the Service and the Website may be used only in accordance with the Terms. Any unauthorized use of Photografia computer systems is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
12. Dealings with Organisations and Individuals:
You acknowledge and agree that Photografia shall not be liable for your interactions with any organizations and/or individuals on the Website or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that Photografia shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between participants on the Website, or between users and any third party, you understand and agree that Photografia is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release Photografia, its officers, employees and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service. The user should make whatever investigation they feel necessary or appropriate before proceeding with any offline transaction with any of these third parties.
13. Limitation and Termination of Service:
You acknowledge and agree that Photografia may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service or the Website. You acknowledge and agree that Photografia has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website or the Service. You acknowledge and agree that Photografia reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Photografia shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that Photografia, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if Photografia believes that you have violated these Terms. You agree that Photografia shall not be liable to you or any third-party for any termination of your access to the Website or the Service. Further, you agree not to attempt to use the Service after any such termination.
14. Disclaimer of Warranties:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PHOTOGRAFIA, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PHOTOGRAFIA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICE. PHOTOGRAFIA DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND PHOTOGRAFIA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
15. Limitations of Liability:
IN NO EVENT SHALL PHOTOGRAFIA, ITS OFFICERS OR EMPLOYEES, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF PHOTOGRAFIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE PHOTOGRAFIA SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT PHOTOGRAFIA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
16. General Information:
17. Governing Law & Jurisdiction:
The Terms and the relationship between you and Photografia shall be governed by the laws of Republic of India. You and Photografia agree to submit to the personal and exclusive jurisdiction of the courts at Goa, India on all matters and disputes arising out of and relating to the Site. If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired.
YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE AND/OR THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. PHOTOGRAFIA MAY COMMENCE ANY SUCH CAUSE OF ACTION IN ACCORDANCE WITH THE APPLICABLE STATUTE OF LIMITATIONS UNDER INDIAN LAW.
18. Violation of Terms:
You agree that in the event your listing, posting or your information violates any provision of these terms or the listing policy, we shall have the right to terminate and or suspend your membership of the Site and refuse to provide you access to the Site. You agree to inform us if you come across any listing or posting that is offensive or violates our listing policy or infringes any intellectual property rights by contacting our support team. Any Complaint with regards to content uploaded by you to our Website for Violation of Intellectual Property Rights or Violation of Right to Privacy, would invite deletion of the same without having to check the merits of the claims if any. We reserve the right to delete any posting, listing or information for Violation of these terms or Listing Policy. Any failure to act by Photografia with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others.
19. Third Party Content and Services: