Welcome to www.printoctopus.com, a Website that acts as an interface amongst the buyers/purchasers, Users, Designers, Advertisers, Third Parties and others interested in dealing with printed Products and/or other Services, etc. This platform encourages and solicits unique designs and ideas by Designers getting transformed into exquisite Products for its Users.
IF YOU WISH TO DESIGN/SUPPLY DESIGN ON/TO www.printoctopus.com OR ANY OF ITS PAGES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT SET FORTH BELOW. PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE www.printoctopus.com. IF YOU HAVE ANY QUERIES REGARDING THE TERMS, PLEASE CONTACT www.printoctopus.com/Adiventures Private Limited AT 35B, First Floor, Leela House, Fashion Street, ShahpurJat, Delhi110049 or Email us at email@example.com.
For purposes of this Agreement, the following words and phrases have the following meanings:
“Advertiser” includes a person who advertises on this Website having accepted the terms of this Agreement including any other applicable Agreements to it.
“Adiventures Private Limited” or “Licensee” or the “Company” as the context requires includes its subsidiaries, affiliates, any related companies, and the officers, directors, employees, agents and representatives of each of them.
“Artwork” includes a design, painting, sculpture, drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possesses artistic quality.
“Designer” or “Licensor” as the context requires includes anyone who gives/designs any design to and/or on www.printoctopus.com/Adiventures Private Limited for being used in the Products/Services.
“Link” includes a Web URL directing a Web page visitor to a Website;
“Person” includes an individual, firm, company, body, entity, etc.
“Site Content”/ “Content” includes what is available, mentioned and/or displayed on this Website including but not limiting to any data, designs, comments, photos, graphics, videos, suggestions, blogs, news items, discussions, etc.
“Third Party” is any person who is not a User or www.printoctopus.com/Adiventures Private Limited and includes Visitor.
“User” includes any person, whose User Account is created on this Website to transact or use the Website or any Product and/or Service available on the Website.
“User Account” means the account opened for the Buyer/Purchaser/Designer/Advertiser on this Website.
"We", "us" "our" and “Company” refer to www.printoctopus.com/Adiventures Private Limited.
“Website”/“Site” refers to www.printoctopus.com.
“Visitor” includes any person who visits this Website to generally browse.
"You", "your" and “their”, as the case may be, refer to any User / Third Party who visits, browses, accesses or uses this Website in any manner.
In this Agreement as the context so requires:
reference to any gender shall include reference to all genders (male, female or neutral).
reference to singular shall also include its plural and vice versa.
RIGHTS AND OBLIGATIONS OF THE LICENSEE
Rights of the Licensee
Licensee has the non-exclusive, right to reproduce the Artwork in any and all Products and Services for the following purposes (together the "Permitted Uses"):
Advertising and promotional materials;
Broadcast and theatrical exhibitions;
Print publications and physical Products;
Electronic publications including website design; and
Any other permitted uses.
Notwithstanding anything contained in this Agreement or any other Agreement, the Licensee has the right to sublicense the Agreement or any of its rights under this Agreement and / or have the Artwork reproduced by subcontractors of Licensee.
Licensee may alter, crop, manipulate and create derivative works of the Artwork and the Licensee shall be the sole propreitor of the said derivative work.
The Licensee may also sell or license the derivative works incorporating the Artwork.
Licensee's rights to the Artwork are worldwide and perpetual.
Obligations of the Licensee
Licensee may not sell, license or distribute any derivative work containing the Artwork in a way that would allow a Third Party to download in any manner, extract or access the Artwork as a standalone file.
The Artwork shall not be incorporated into a logo, trademark or service mark.
Licensee may not post the Artwork online in a downloadable format or enable it to be distributed via mobile telephone devices.
If any Artwork featuring a model is used in (i) a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service; or (ii) connection with a subject that would be unflattering or unduly controversial to a reasonable person, Licensee must accompany each such use with a statement t indicating that such use of the artwork is only for illustrative purposes without prejudice to anyone’s sentiments.
The Licensee agrees not to use the Artwork in any way that could be considered defamatory, pornographic, libelous, immoral, obscene or fraudulent, either by making physical changes to it, or in the combination to accompanying text.
Licensee must retain the copyright symbol ©, the name of the Licensor, the Artwork’s identification number and any other information as may be invisibly embedded in the electronic file containing the original Artwork.
Licensee must abide by any restriction on use notified to it by the Licensor before or at the time of supply/designing of the Artwork, either in the information accompanying the Artwork or otherwise.
We have taken all due and reasonable care and we shall not be held liable for any act/omission which is beyond our control.
ARTWORK OWNERSHIP AND RIGHTS
The Artwork is licensed, not sold to the Licensee, and can only be used in accordance with the terms of this Agreement. Subject to the license granted to the Licensee pursuant to this Agreement, the Licensor owns and shall continue to own all right, title, and interest in and to the Artwork, including all copies thereof;
The Licensee acknowledges and agrees that on changes being made to the Artwork by the Licensee, the right, title and interest in the derivatives of the Artwork shall remain with the Licensee. Moreover, the Licensee acknowledges and agrees that when the Licensee’s independently developed software or hardware components are combined, in whole or in part, with the Artwork, or any derivative thereof, the right, title and interest over such resulting work shall remain with the Licensee;
The Artwork contains copyrighted material and other proprietary information of the Licensor and is protected by copyright laws, international copyright treaties, as well as other intellectual property laws. To protect the Licensor’s rights in the Artwork, the Licensee agrees, not to remove, alter, cover, or obscure any confidentiality, trade secret, proprietary, or copyright notices, trademarks, proprietary, patent, or other identifying marks or designs from any component of the Artwork and the Licensee shall reproduce and include in all copies of the Artwork the copyright notice(s) and proprietary legend(s) of the Licensor as they appear in the Artwork.
The Licensor shall at all times defend, indemnify and hold Licensee and its subsidiaries, affiliates, any related companies, and the officers, directors, employees, agents and representatives of each of them harmless from all damages, liabilities and expenses (including reasonable attorney's fees and permitted and authorized costs), arising out of or connected with any actual or threatened claim, lawsuit or legal proceeding whether or not the Artwork is used only in accordance with this Agreement or outside the scope of it..
The Licensee seeking indemnification pursuant to this section shall notify the Licensor of such claim. The Licensor may assume the handling, settlement or defense of any claim or litigation, in which event the Licensee shall cooperate in the defense thereof. The Licensee shall have the right to participate in such litigation through counsel selected by the Licensee.
TERMINATION OF THE LICENSE
The Agreement may be terminated by either Party by giving _______ advance notice to the opposite Party. The rights of the Licensee after termination shall continue to be governed by the terms and conditions of this Agreement and any other terms and conditions as agreed by the parties from time to time.
This Agreement will be governed in all respects by the laws of India, particularly the laws of New Delhi.
This Agreement shall be governed by the laws of India. Any controversy or claim arising out of or relating to this Agreement or this Website shall be settled by arbitration of Sole Arbitrator to be appointed by the Company, in accordance with the provisions of Indian Arbitration Act 1996 or any amendment thereof. The place of arbitration shall be New Delhi, India. The award of the Sole Arbitrator shall be final and binding upon the parties. Notwithstanding the foregoing, the Company may seek any interim or preliminary relief from any court of competent jurisdiction.
If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
No action of the Licensee, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of the Licensee in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by the Licensee of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of those rights or remedies on any other occasion.
By using www.printoctopus.com’s/Adiventures Private Limited’s Services or accessing the www.printoctopus.com Website, you acknowledge that you have read these terms and conditions and agree to be bound by them.