Web Site Terms and Conditions of Use (“Terms of use”)

 

1. TERMS

This website facilitates Users to avail services from creators by seekers (“Company Services”). This Terms of use for the Company services is a legal contract between you, either an individual subscriber, customer, member, or user of at least 18 years of age or a single company, organization, or entity (“You” or “Your” or “Users”), and Company regarding Your use of the Company Services. Company Services are offered by Tartl [“Company”). By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations.

PLEASE READ CAREFULLY THE TERMS OF USE. BY REGISTERING FOR AND/OR ACCESSING, BROWSING, USING OR SUBSCRIBING TO THE COMPANY SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING ANY ADDITIONAL GUIDELINES AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”).

2. USE LICENSE

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Tartl's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Tartl's web site;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or "mirror" the materials on any other server.
    6. Users shall have no right to sub-license or resell the Company Services or any component thereof.
  2. This license shall: [i] automatically terminate if you violate any of these restrictions: or [ii] may be terminated by Tartl at any time. Upon such termination, you must forthwith destroy any downloaded materials in your possession whether in electronic or printed format.

3. RESTRICTIONS. When using the Company Services you agree not to: 

3.1. Upload or transmit via the Company Services pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libellous, otherwise inappropriate content, data or information not permitted by law.

3.2. Use the Company Services for any purpose that is unlawful or is otherwise prohibited by these Terms; 

3.3. Use the Company Services in any manner that in our sole discretion could damage, disable, overburden, or impair the services; 

3.4. Attempt to gain unauthorized access to the Company Services, or any part of them, other accounts, computer systems or networks connected to the Company Services, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Company Services or any activities conducted on the Company Services; 

3.5. Modify the Company Services in any manner or form, or use modified versions of the Company Services, including (without limitation) for the purpose of obtaining unauthorized access to the Company Services; 

3.6. Use any robot, spider, scraper, or other automated means to access the Company Services for any purpose without our express written permission, or bypass any measures we may use to prevent or restrict access to the Company Services; 

3.7. Impersonate another person or access another User’s account without that person’s permission or to violate any contractual or fiduciary relationships; 

3.8. Share Company-issued passwords with any third party or encourage any other User to do so; 

3.9. Misrepresent the source, identity, or content of Information transmitted via the Company Services; 

3.10. Modify, adapt, translate or create derivative works based upon the Company Services; 

3.11. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Company Services, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; 

3.12. Rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Company Services to any third party; provide time sharing or similar services for any third party; or use the Company Services for any purpose other than Your own internal personal or business use; 

3.13. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Company Services, features that prevent or restrict use or copying of any content accessible through the Company Services or Company Services, or features that enforce limitations on use of the Company Services or Company Services; 

3.14. If you are a direct competitor of Company, access the Company Services only with Company’s prior written consent by stating reasons for such access.

4 PAYMENT TERMS; CHARGES AND TAXES. 

4.1. You are liable for paying applicable fees and applicable taxes associated with the Company Services and these are appropriated from your payment to the creators and paid to us.

4.2  By availing Company Services, you authorise the Company and the payment gateway to deduct and pay us applicable user fee. This authorization to charge Your chosen payment method account will remain in effect until you cancel or modify Your preferences within the Company Services; provided, however, that such notice will not affect charges submitted before Company could reasonably act.

5. INDEMNIFICATION AND LIMITATION OF LIABILITY.

Indemnification; You agree to defend, indemnify and hold harmless Company and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Company Services, including any data or work transmitted or received by you; (ii) Your violation of any term of this Agreement, including without limitation, Your breach of any of the representations and warranties above; (iii) Your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) Your violation of any law, rule or regulation of India or any other country; (v) any claim or damages that arise as a result of any of Your User Provided Information or any other data that are submitted via Your account; or (vi) any other party’s access and use of the Service with Your unique username, password or other appropriate security code. Company will have the right to control the defense, settlement, adjustment or compromise of any such claims, actions or proceedings by using counsel selected by Company. Company will use reasonable efforts to notify you of any such claims, actions, or proceedings upon becoming aware of the same. 

Limitation of liability. In no event shall Tartl or its suppliers be liable for any losses, damages, expenses or claims (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to properly use Tartl's website, even if Tartl or a Tartl authorized representative has been notified in writing of the possibility of such damage.

6. PRIVACY. 

Your privacy is important to Company. Please read our Privacy Policy  carefully for details relating to the collection, use, and disclosure of Your personal information

7. LINKS

Tartl has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Tartl of the site. Use of any such linked web site is at the user's own risk.

 

8. CHANGES

Company reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time. You agree to review these Terms and any Guidelines periodically for changes. Your continued use of the Company Services after the posting of changes constitutes Your binding acceptance of such changes. If any such revision is unacceptable to you, Your only remedy is to terminate Company Services.

9. GOVERNING LAW

Any claim relating to Tartl's web site shall be governed by the laws of India subject to the exclusive jurisdiction of the court in Trivandrum.

10. DISCLAIMER

  1. THE COMPANY SERVICES AND ANY THIRD-PARTY OR USER PROVIDED INFORMATION, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH COMPANY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY, ITS SUPPLIERS, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. 
  2. COMPANY, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN COMPANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE (INCLUDING WITHOUT LIMITATION ANY FORECASTS OR PREDICTIONS RELATED TO THE PROJECT MANAGEMENT FUNCTIONALITY AND BASED UPON USER PROVIDED INFORMATION THEREIN), THAT THE COMPANY SERVICES WILL MEET YOUR REQUIREMENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT COMPANY SERVICES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 
  3. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF COMPANY SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU.. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THIRD-PARTY OR USER PROVIDED INFORMATION, MATERIAL, OR DATA THROUGH THE USE OF COMPANY SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH THIRD-PARTY OR SUBSCRIBER PROVIDED INFORMATION, MATERIAL, OR DATA. COMPANY WILL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS, OR FAILURE TO STORE OR MAINTAIN ANY THIRD-PARTY OR USER PROVIDED INFORMATION.

 

  1. COMPANY DOES NOT IN ANY WAY COMMIT OR BE RESPONSIBLE FOR CONTENTS OR MATERIALS PROVIDED BY CREATORS AND SPECIFICALLY DISOWNS RESPONSIBILITY OR LIABILITY FOR ANY TRANSACTION BETWEEN CREATORS AND SEEKERS.

 

11.    DISCLOSURES.

 

11.1 The services hereunder are offered by Tartl __________  [insert full name and address]

 

11.2  Terms of Service last updated on ______ . [insert last updated date]

 

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