Please read these Terms of Use carefully before accessing or using this website, software, apps, and/or plug-ins made available by indiPik or its affiliates (individually and collectively, the "Site").
You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that indiPik, Inc. ("indiPik") 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. indiPik 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 indiPik.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.
Subject to your compliance with these Terms of Use, any applicable license agreement with indiPik, and the law, you may access and use the Site. indiPik remains the sole owner of all right, title, and interest in the Site and reserves all rights not expressly granted under these Terms of Use. indiPik may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in indiPik’s sole discretion. indiPik provides the Site on an "as is" and "as available" basis.
All content on this Site, including but not limited to Images, Footage, Music, and related metadata (collectively the "indiPik Content"), as well as the selection and arrangement of the indiPik Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any indiPik Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and indiPik, indiPik does not grant any express or implied permission to use the Site or any indiPik 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 indiPik 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 indiPik Content.
Unless you enter into a license agreement with indiPik through a paid subscription you may not download, distribute, display and copy any indiPik Content. You may not remove any watermarks or copyright notices contained in the indiPik Content.
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 indiPik.
Nothing contained herein grants or shall be construed to grant you any rights to use any indiPik Trademark, unless expressly conferred by these Terms of Use. You agree that you will not use indiPik's Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or indiPik.
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 indiPik Trademarks or the Trademark rights claimed by indiPik. You agree that you will not use any indiPik 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.
You may not at any time, adopt or use, without indiPik's prior written consent any word or mark similar to or likely to be confused with indiPik's Trademarks. The look and feel of the indiPik website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of indiPik and may not be copied, imitated or used, in whole or in part, without the prior written consent of indiPik.
All other trademarks, product names, and company names or logos used or appearing on the indiPik 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 indiPik, unless expressly so stated.
You may not use a indiPik trademark, logo, Image or other proprietary graphic of indiPik to link to the indiPik website without the prior written consent of indiPik. You may not frame or hotlink to the indiPik website or any Image without the prior written consent of indiPik.
indiPik (or third parties acting on its behalf) may collect information related to your use of the Site. Third-party platforms through which you access the Site may collect information related to your use of such third-party platform and make such information available to indiPik subject to your agreement with the applicable third-party platform. indiPik’s collection and use of all such information shall at all times conform to this Terms of Use, the indiPik Privacy Policy, and applicable law. indiPik will use and protect your personal information, such as your name and address, in accordance with the indiPik Privacy Statement, the contents of which are incorporated by reference into these Terms of Use.
For any image, footage, text, audio, or any other content that you upload or post to the Site (“Your Content”), you represent and warrant that:
By uploading Your Content, you grant indiPik a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from Your Content for the purpose of allowing you to edit and display Your Content using the Site and archiving or preserving Your Content for disputes, legal proceedings, or investigations. The above licenses will continue unless and until you remove Your Content from the Site, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.
You may not upload, post, or transmit any video, image, text, audio recording, or other content that:
You may not use any indiPik Content for any purpose without first obtaining a license to use such indiPik Content. Any use of indiPik Content by you shall be governed by the applicable license agreement separately entered into between you and indiPik. Displaying and/or distributing to the public any watermarked or unlicensed indiPik Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.
If you believe that any Image or other material made available by indiPik infringes upon any copyright that you own or control, you may notify indiPik in the manner outlined in our DMCA Copyright Infringement Notice Policy.
You agree that you shall not:
IndiPik may block, restrict, disable, suspend or terminate your access to all or part of the Site and/or indiPik Content at any time in indiPik's discretion, without prior notice or liability to you. Any conduct by you that, in indiPik’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in the termination of your access to the Site without further notice.
In the event that the Site is available through any third-party platform, or if indiPik provides links from the Site to any third-party platform or permits any third party to link from its platform to the Site, you understand and agree that indiPik makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of indiPik, and indiPik 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 indiPik.
Your use of the Site is at your own risk. The Site is provided by indiPik under these terms of use "as is" without warranty of any kind, either express, implied, statutory or otherwise. indiPik expressly disclaims any and all warranties of any kind, whether express or implied, to each and any service available from the Site, 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, indiPik 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. indiPik makes no representations or warranties that the Site will be permitted in your jurisdiction, that any of Your Content submitted by you will be available through the Site or will be stored by the Site, that the Site will meet your needs, or that indiPik will continue to support any particular feature of the Site. 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, and no warranties shall apply after such period.
You agree to defend, indemnify and hold harmless indiPik, 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, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorised use of the indiPik Content, or your violation of any rights of another.
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the Indian Arbitration Association (IAA) or any other competent body in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state and county of New York. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. indiPik shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of indiPik, such action is necessary or desirable.
These Terms of Use are governed by and shall be construed in accordance with the laws of the State of Madhya Pradesh, INDIA, without respect to its conflict of laws principles.
In the event of any conflict between these Terms of Use and any license agreement you enter with indiPik, the terms of such license agreement shall control. These Terms of Use shall be construed neither against nor in favour 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.