THESE TERMS AND CONDITIONS (“TERMS”) GOVERN YOUR USE OF our PHOTOBOOTH and other services PRESENT or rendered AT VARIOUS LOCATIONS IN THE COUNTRY OF INDIA. BY ACCESSING AND USING THE SITE, THE PRODUCTS, THE PHOTOBOOTH SERVICES OR ANY OF THE OTHER PICULIAR VENTURES SERVICES, OR OTHERWISE SIGNIFYING YOUR ACCEPTANCE OF THESE TERMS, YOU REPRESENT AND WARRANT THAT (A) YOU ARE AUTHORIZED TO ENTER THESE TERMS AND CONDITIONS OF SERVICE FOR AND ON BEHALF OF YOURSELF/YOUR ORGANIZATION(s), AND ARE DOING SO, (B) YOU/YOUR ORGANIZATION(s) CAN LEGALLY ENTER INTO THESE TERMS AND (C) YOU HAVE READ AND UNDERSTAND AND AGREE THAT YOU/THE ORGANIZATION(s) AND EACH USER SHALL BE BOUND BY THESE TERMS AND CONDITIONS OF SERVICE AND THE PICULIAR VENTURES PRIVACY POLICY AND ALL MODIFICATIONS AND ADDITIONS PROVIDED FOR. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, PLEASE DO NOT USE ANY OF PICULIAR VENTURES PRODUCTS, THE SITE, THE PHOTOBOOTH SERVICES OR ANY OF THE OTHER SERVICES.
1. Eligibility
To access and use the Site, the Products, the Photobooth Services and the other Piculiar Ventures Services, you must be at least 18 years of age. BY USING THE SITE, THE PRODUCTS, THE PHOTOBOOTH SERVICES OR ANY OF THE OTHER PICULIAR VENTURES SERVICES, YOU REPRESENT THAT: YOU SATISFY THE ELIGIBILITY REQUIREMENTS AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE PRODUCT/SERVICES PROVIDED BY PICULIAR VENTURES. YOU CONFIRM THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH PICULIAR VENTURES; AND YOU WILL COMPLY WITH THESE TERMS AND CONDITIONS AND ALL APPLICABLE LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS, RULES AND REGULATIONS.
2. Privacy Policy
Your privacy is important to Piculiar Ventures. Our goal is to make the Site, the Products, the Photobooth Services and the other Piculiar Ventures Services as good, useful and rewarding for you as we possibly can. In order to do that, Piculiar Ventures may collect and process information from you when you use the Site, the Products, the Photobooth Services and the other Piculiar Ventures Services. Piculiar Ventures will collect certain personally identifiable information from you as set forth in more detail in our Privacy Policy. Piculiar Ventures has access to, and in some cases may monitor, your usage of the Site, the Products, the Photobooth Services and the other Piculiar Ventures Services, including when you send and receive Content, including photos. By accessing and using the Site, the Products, the Photobooth Services and the other Piculiar Ventures Services, you agree that Piculiar Ventures may collect, use and disclose, as set forth in the Privacy Policy, the information you provide during your access to or use of any of the Piculiar Ventures Services, and in some cases information that is provided by or through any of the Piculiar Ventures Services by other parties.
None of the Site, the Products, the Photobooth Services and the other Piculiar Ventures Services are intended for minors under 13 years of age. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your country of residence), you may only use the Piculiar Ventures Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. No one under age 13 may provide any information on or through the Site, the Products, the Photobooth Services and the other Piculiar Ventures Services. We do not knowingly collect personal information, including photographs, from children under 13. If you are under 13, do not use or provide any information through the Site, the Products, the Photobooth Services and the other Piculiar Ventures Services, use any of the interactive or public comment features of any of the Piculiar Ventures Services or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn that we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe that we might have any information from or about a child under 13, please contact us at piculiarphotobooths@gmail.com.
3. License Grant; Unauthorized Use
3.1 License Grant. Subject to your compliance with all the terms and conditions set out in these Terms, Piculiar Ventures grants to you a limited, non-exclusive, non-transferable, freely revocable license to access and use the Site, the Products, the Photobooth Services and the other Piculiar Ventures Services as contemplated herein. Updates including important updates and bug fixes to the applications and any other software that Piculiar Ventures provides to you in connection with the Piculiar Ventures Services from time to time will generally be available through the photobooth.
3.2 Prevention of Unauthorized Use. Piculiar Ventures reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Site, the Products, the Photobooth Services and the other Piculiar Ventures Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
4. Photobooth Services and Photos
4.1 Consents. If you are responsible, directly or indirectly, for the operation or management of the Photobooth Services at any location, place, party, event, or other occasion or under any other circumstance (including the taking of pictures of any of the Users) (the “Operator”), you shall obtain all releases, waivers, approvals and other consents necessary (a) for any User to access and use the Photobooth Services, (b) to upload and publicly display without restriction any and all photos taken through the Photobooth Services (the “Photos”) onto the Site and (c) for Piculiar Ventures and other Users to host, transfer, display, perform, reproduce, distribute, modify and otherwise exploit the Photos (and any copyrights, publicity, database and other proprietary rights therein and derivative works thereof), in connection with the Site, the Products, the Photobooth Services and the other Piculiar Ventures Services and Piculiar Ventures’ (and its successors’ and affiliates’) business, including without limitation, promoting, advertising and redistributing part or all of the Piculiar Ventures Services (and derivative works thereof), in any media formats and/or through any social network channels (collectively, the “Social Networks”), including, Piculiar Ventures’ Facebook page, Instagram and Twitter.
If you are an individual User using the Photobooth Services at any place, location, party, event, or other occasion or under any other circumstance, you hereby (a) waive any right of publicity that you may have with respect to your Photos and (b) approve and consent to (i) the uploading and public display without restriction of your Photos onto the Site and (ii) the hosting, transferring, displaying, performing, reproduction, distribution, modifying and otherwise exploiting of your Photos (and any copyrights, publicity, database and other proprietary rights therein and derivative works thereof) by Piculiar Ventures, in connection with the Site, the Products, the Photobooth Services and the other Piculiar Ventures Services and Piculiar Ventures’ (and its successors’ and affiliates’) business, including without limitation, promoting, advertising and redistributing part or all of the Piculiar Ventures Services in any media formats and/or through any Social Networks.
4.2 Eligibility. If you are the Operator of the Photobooth Services at any location, place, party, event, or other occasion or under any other circumstance, you shall ensure that any User using the Photobooth Services is eligible to use the Photobooth Services and the other Piculiar Ventures Services in accordance with these Terms and Conditions and all applicable laws, rules and regulations. If you believe for any reason that any of the Users may not be so eligible to use the Photobooth Services or any of the other Piculiar Ventures Services, then you acknowledge and agree, among other things, to restrict access to the Photobooth Services to ensure compliance with these Terms and Conditions and all applicable laws, rules and regulations.
4.3 Waiver. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Piculiar Ventures with respect to any rights or actions that are contemplated under this Section 4.
5. Fees
To the extent that you are obligated to pay any licensing, subscription or other fees to receive any of the Piculiar Ventures Services or participate in activities associated with the Piculiar Ventures Services (collectively, the “Fees”), you agree to pay, and authorize Piculiar Ventures to charge for, such Fees in accordance with the applicable terms and conditions. Piculiar Ventures reserves the right to modify any such Fees at any time. ALL FEES ARE NON-REFUNDABLE, NON-CANCELLABLE AND NON-CREDITABLE UNLESS SPECIFICALLY PROVIDED OTHERWISE IN THE APPLICABLE TERMS AND CONDITIONS OR PROHIBITED BY LAW.
6. Additional Policies
When using the Site, the Products, the Photobooth Services and the other Piculiar Ventures Services, you will be subject to any additional posted policies, guidelines or rules applicable to the Site, the Products, the Photobooth Services and the other Piculiar Ventures Services which may be posted from time to time (the “Policies”). All such Policies are hereby incorporated by reference into these Terms.
7. Respecting Other People’s Rights
Piculiar Ventures respects the rights of others and so should you. You therefore may not post or send Content that: violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right; is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by Piculiar Ventures in its sole discretion; is false, misleading, untruthful or inaccurate; includes anyone’s identification documents or sensitive financial information; impersonates any person or entity, including any of Piculiar Ventures’ employees or representatives; or spams or solicits any Users.
8. Modification of These Terms and Fees
Piculiar Ventures reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms or any Fees at any time by posting the amended Terms or Fees to the Site or otherwise through the Piculiar Ventures Services. If Piculiar Ventures updates these Terms, it will update the “last updated” date at the top of the Terms. Please check these Terms, including any Policies, periodically for changes. Your continued use of the Site, the Products, the Photobooth Services and the other Piculiar Ventures Services after the posting of changes constitutes your binding acceptance of such changes. In the event that a change to these Terms negatively and materially modifies your rights or obligations (including applicable fees), Piculiar Ventures will make reasonable efforts to notify you of such change. Piculiar Ventures may provide notice through a pop-up or banner on the Site or through other mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, Piculiar Ventures may require you to provide consent by accepting the changed Terms. If Piculiar Ventures requires your acceptance of the changed Terms, changes are effective only after your acceptance. For all other changes, except as stated elsewhere by Piculiar Ventures, such amended Terms or Fees will automatically be effective, replacing the previously-effective Terms or Fees after they are posted on the site. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE SITE, THE PRODUCTS, THE PHOTOBOOTH SERVICES AND THE OTHER PICULIAR VENTURES SERVICES. To the extent that any modifications to the Terms or Policies are not allowed under applicable laws, the prior most recent version of the Terms or Policies shall continue to apply.
9. License Grant for Content; Representations and Warranties
9.1 Limited License Grant to Piculiar Ventures. The Site, the Products, the Photobooth Services and the other Piculiar Ventures Services permit the submission and/or posting or linking of Photos and other pictures, audio and video recordings, text, data, information and other input or any other content linked, posted, and/or submitted by you or other Users, in each case whether or not made available to other Users (“Content”). By uploading, providing, posting, distributing or disseminating any Content to or through the Site, the Products, the Photobooth Services and the other Piculiar Ventures Services, you hereby grant to Piculiar Ventures a worldwide, non-exclusive, perpetual, irrevocable, transferable, sublicensable (through multiple tiers), assignable, fully paid-up, royalty-free license to host, transfer, display, perform, reproduce, distribute, modify and otherwise exploit your Content (and any copyrights, publicity, database and other proprietary rights therein), in connection with the Site, the Products, the Photobooth Services and the other Piculiar Ventures Services and Piculiar Ventures’ (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Products, the Photobooth Services and the Photo Services (and derivative works thereof), in any media formats and/or through any Social Media.
9.2 Content Use by Other Users. You hereby consent to the use of your Content by other Users that are authorized to access your Content in the manner contemplated by these Terms and any of the Piculiar Ventures Services.
9.3 Content Representations and Warranties. You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all of your Content (including any Photos) and the consequences of posting or publishing any Content. By uploading and publishing your Content, you affirm, represent, and warrant that: (1) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize Piculiar Ventures and the Users to use and distribute your Content as necessary to exercise the licenses granted by you in this Section 9 and in the manner contemplated by Piculiar Ventures and these Terms; (2) your Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or violate or invade the right of privacy, publicity or other rights of any person or entity; and (3) your Content does not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of any of the Piculiar Ventures Services. Violators of these third-party rights may be subject to criminal and civil liability. Piculiar Ventures reserves all rights and remedies against any Users who violate these Terms.
9.4 Content Disclaimer. You understand that when accessing or using any of the Piculiar Ventures Services you may be exposed to Content or other materials from a variety of sources, and that Piculiar Ventures is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Content and other content. You further understand and acknowledge that you may be exposed to Content (including Photos) and other materials that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Piculiar Ventures with respect thereto. Piculiar Ventures does not endorse any Content and other material or any opinion, recommendation or advice expressed therein, and Piculiar Ventures expressly disclaims any and all liability in connection with Content and other materials. If notified by a User or a content owner of any Content or other content or materials that allegedly do not conform to these Terms, Piculiar Ventures may investigate the allegation and determine in its sole discretion whether to remove the Content or other content or materials, which it reserves the right to do at any time and without notice. For clarity, Piculiar Ventures does not permit copyright infringing activities on or through any of the Piculiar Ventures Services.
10. Prohibited Conduct
BY USING ANY OF THE PICULIAR VENTURES SERVICES YOU AGREE NOT TO:
10.1 Decipher, decompile, disassemble, reverse engineer, modify, translate or otherwise attempt to derive source code, algorithms, tags, specifications, architectures, structures or other elements of any of the Piculiar Ventures Services, in whole or in part (except to the extent that the laws of your jurisdiction make such restrictions unenforceable);
10.2 Prepare any derivative work of any of the Piculiar Ventures Services, or any other program based upon any of the Piculiar Ventures Services;
10.3 Reproduce (except as expressly permitted herein), modify, adapt, translate or otherwise make any changes to any of the Piculiar Ventures Services or any part thereof;
10.4 Copy, disclose, or distribute any data available on or through any of the Piculiar Ventures Services in any medium, including without limitation, by any automated or non-automated “scraping”;
10.5 Interfere with, circumvent or disable any security or other technological features or measures of any of the Piculiar Ventures Services or attempt to gain unauthorized access to any of the Piculiar Ventures Services or its related systems or networks;
10.6 Make unsolicited offers, advertisements, or proposals, or send junk mail or spam to other Users of any of the Piculiar Ventures Services (including, but not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
10.7 Use bots or other automated methods to: access any of the Piculiar Ventures Services, download profiles, contacts or any other information, send or redirect messages or perform any other activities through any of the Piculiar Ventures Services; or
10.8 Use any of the Piculiar Ventures Services for any unlawful or inappropriate activities, such as gambling, obscenity, pornography, violence, transmission of deceptive messages, or harassment.
11. Third Party Sites
The Photobooth Services may include links or references to other web sites or services (“Third Party Sites”) solely as a convenience to Users. Piculiar Ventures does not endorse any such Third Party Sites or the information, materials, products, or other services contained on or accessible through Third Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through any of the Piculiar Ventures Services are solely between you and such advertiser. Access and use of Third Party Sites, including the information, materials, products, and services on or available through Third Party Sites are solely at your own risk.
12. Mobile and Data Charges
You are responsible for any mobile and data charges that you may incur for using any of the Piculiar Ventures Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using any of the Piculiar Ventures Services.
13. Termination; Terms of Use Violations
13.1 Piculiar Ventures. You agree that Piculiar Ventures, in its sole discretion, for any or no reason, and without penalty, may terminate your use of the Site, the Products, the Photobooth Services and the other Piculiar Ventures Services or any account (or any part thereof) you may have with Piculiar Ventures and remove and discard all or any part of your account, user profile, and any Content, at any time. Piculiar Ventures may also in its sole discretion and at any time discontinue providing access to any of the Piculiar Ventures Services, or any part thereof, with or without notice. You agree that any termination of your access to any of the Piculiar Ventures Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Piculiar Ventures will not be liable to you or any third party for any such termination. Piculiar Ventures reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Piculiar Ventures to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Piculiar Ventures may have at law or in equity. As discussed herein, Piculiar Ventures does not permit copyright infringing activities on any of the Piculiar Ventures Services, and shall be permitted to terminate access to any of the Piculiar Ventures Services, and remove all Content or other content submitted by any Users who are found to be repeat infringers. BY ACCEPTING THESE TERMS, YOU WAIVE AND SHALL HOLD PICULIAR VENTURES HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PICULIAR VENTURES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER PICULIAR VENTURES OR LAW ENFORCEMENT AUTHORITIES.
13.2 You. Your only remedy with respect to any dissatisfaction with (i) the Site, the Products, the Photobooth Services and the other Piculiar Ventures Services, (ii) any term of these Terms, (iii) any policy or practice of Piculiar Ventures in any of the Piculiar Ventures Services, or (iv) any Content or information transmitted through any of the Piculiar Ventures Services, is to terminate your account and/or your use of the Piculiar Ventures Services. You may terminate your use of the Piculiar Ventures Services and your account at any time by contacting piculiarphotobooths@gmail.com from the email address on file with your account with your request for termination. After such termination, you must refrain from use of the Piculiar Ventures Services until authorized by Piculiar Ventures.
14. Ownership; Proprietary Rights
The Site, the Products, the Photobooth Services and the other Piculiar Ventures Services are owned and operated by Piculiar Ventures. The visual interfaces, graphics, design, compilation, information, intellectual property, computer code (including source code or object code), products, software, services, and all other elements of the Site, the Products, the Photobooth Services and the other Piculiar Ventures Services provided by Piculiar Ventures (the “Materials”) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Content that is provided and owned by you or other Users, all Materials contained on the Site, the Products, the Photobooth Services and the other Piculiar Ventures Services are the property of Piculiar Ventures or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Piculiar Ventures or its affiliates and/or third-party licensors (collectively, the “Piculiar Ventures Trademarks”). Any and all use by you or any other User of the Piculiar Ventures Trademarks shall be subject to the prior written approval of Piculiar Ventures. You and all other Users shall comply with all reasonable requirements for the use of the Piculiar Ventures Trademarks as disclosed in writing by Piculiar Ventures. Except as expressly authorized by Piculiar Ventures, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Piculiar Ventures reserves all rights not expressly granted in these Terms.
15. Indemnification
You agree to indemnify, save, and hold Piculiar Ventures, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Site, the Products, the Photobooth Services and the other Piculiar Ventures Services, any of the Content or any Product, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Piculiar Ventures reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Piculiar Ventures, and you agree to cooperate with Piculiar Ventures’ defense of these claims. Piculiar Ventures will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
16. No Warranties; Disclaimers
16.1 No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PICULIAR VENTURES AND ITS AFFILIATES, CONTRACTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, THE “PICULIAR VENTURES PARTIES”) DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED WITH RESPECT TO THE SITE, THE PRODUCTS, THE PHOTOBOOTH SERVICES AND THE OTHER PICULIAR VENTURES SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, PICULIAR VENTURES PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE SITE, THE PRODUCTS, THE PHOTOBOOTH SERVICES AND THE OTHER PICULIAR VENTURES SERVICES MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PICULIAR VENTURES PARTIES OR THROUGH ANY OF THE PICULIAR VENTURES SERVICES OR THE PRODUCTS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
16.2 “As Is” and “As Available” and “With all Faults”. YOU EXPRESSLY AGREE THAT THE USE OF THE SITE, THE PRODUCTS, THE PHOTOBOOTH SERVICES, AND THE OTHER PICULIAR VENTURES SERVICES ARE AT YOUR SOLE RISK. THE SITE, THE PRODUCTS, THE PHOTOBOOTH SERVICES, AND THE OTHER PICULIAR VENTURES SERVICES AND ANY DATA, ASSESSMENTS, RESULTS, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, THIRD PARTY SITES, APPLICATIONS, THE PICULIAR VENTURES SERVICES, OR PRODUCTS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH ANY OF THE PICULIAR VENTURES SERVICES OR THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
16.3 Platform Operation and Content. THE PICULIAR VENTURES PARTIES DO NOT WARRANT THAT THE DATA, ASSESSMENTS, RESULTS, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH ANY OF THE PICULIAR VENTURES SERVICES, THE PRODUCTS OR ANY THIRD PARTY SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
16.4 Accuracy. THE PICULIAR VENTURES PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY OF THE PICULIAR VENTURES SERVICES, THE PRODUCTS OR ANY THIRD PARTY SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
16.5 Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, ASSESSMENTS, RESULTS OR DATA THROUGH ANY OF THE PICULIAR VENTURES SERVICES, THE PRODUCTS OR ANY THIRD PARTY SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
17. Limitation of Liability and Damages
17.1 Limitation of Liability. It is an essential pre-condition to you using our website that you agree and accept that Piculiar Ventures is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable. Under no circumstances, including, but not limited to, negligence, will the Piculiar Ventures Parties be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to these Terms or that result from your use or your inability to use the Site, the Products, the Photobooth Services, and the other Piculiar Ventures Services or the materials, assessments, results or content on any of the Piculiar Ventures Services, the Products or any Third Party Sites, or any other interactions with Piculiar Ventures, any clients, customers, guests or other Users even if Piculiar Ventures or a Piculiar Ventures authorized representative has been advised of the possibility of such damages. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
17.2 Limitation of Damages. IN NO EVENT WILL THE PICULIAR VENTURES PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS OR USE OF ANY OF THE PICULIAR VENTURES SERVICES, OR ANY PRODUCT OR YOUR INTERACTION WITH OTHER USERS (ANY CLIENTS, CUSTOMERS OR GUESTS) (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU (OR ON YOUR BEHALF), IF ANY, TO PICULIAR VENTURES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
17.3 Release for Disputes between Users. If you have a dispute with any other Users (including any clients, customers or guests) or other third parties, you release Piculiar Ventures and the other Piculiar Ventures Parties from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
17.4 Third Party Sites. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN PICULIAR VENTURES AND RECEIVED THROUGH OR ADVERTISED ON OR THROUGH ANY OF THE PICULIAR VENTURES SERVICES OR RECEIVED THROUGH ANY THIRD PARTY SITES OR OTHERWISE BY THIRD PARTIES.
17.5 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT PICULIAR VENTURES HAS OFFERED THE SITE, THE PRODUCTS, THE PHOTOBOOTH SERVICES, AND THE OTHER PICULIAR VENTURES SERVICES AND SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND PICULIAR VENTURES, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND PICULIAR VENTURES. PICULIAR VENTURES WOULD NOT BE ABLE TO PROVIDE ANY OF THE PICULIAR VENTURES SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
17.6 Limitations by Applicable Law. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
18. Miscellaneous
18.1 Waiver. The failure of Piculiar Ventures to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Piculiar Ventures.
18.2 Dispute Resolution. If a dispute arises between you and Piculiar Ventures, the goal is to provide you with a neutral and cost effective method of resolving the dispute quickly. Accordingly, you and Piculiar Ventures agree that any dispute, claim or controversy at law or equity that arises out of these Terms, the Site, the Products, the Photobooth Services and the other Piculiar Ventures Services or the Privacy Policy (a “Claim”) will be resolved in accordance with this Section 18.2 or as Piculiar Ventures and you otherwise agree in writing. Before resorting to these dispute methods, Piculiar Ventures strongly encourages you to first contact Piculiar Ventures directly to seek a resolution. (a) Severability & Jurisdiction: If any of these terms and conditions is held to be invalid, illegal or unenforceable such provision shall stand severed from the other provisions hereof and the same shall not in any manner affect or impair any other provisions hereof. Any disputes shall be subject to the exclusive jurisdiction of the court(s) situated in the city/town in which the main office of Piculiar Ventures is located. (b) Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
18.3 Severability. If any provision of these Terms (including any Policies) is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
18.4 Assignment. These Terms and related Policies, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Piculiar Ventures without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
18.5 Survival. Upon termination of these Terms, your use of any of the Piculiar Ventures Services or your relationship with Piculiar Ventures, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
18.6 Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
18.7 Entire Agreement. These Terms, including the Privacy Policy and the Policies, are the entire agreement between you and Piculiar Ventures relating to the subject matter herein and can be modified by Piculiar Ventures and shall be applicable from the date of such modification.
18.8 No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
18.9 Geographic Restrictions. Piculiar Ventures is based in the state of Maharashtra in India. Piculiar Ventures makes no claims that any of the Piculiar Ventures Services or any of its Content is accessible or appropriate outside of India. Access to any of the Piculiar Ventures Services may not be legal by certain persons or in certain countries. If you access any of the Piculiar Ventures Services from outside India, you do so on your own initiative and are responsible for compliance with local laws and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Piculiar Ventures with respect thereto.