The terms and conditions stated beneath is to enhance user understanding about the policies of Tryfoto during the usage or access of our website.
Your access to the website indicates that you agree to the Terms and Conditions of our website. Please refrain from using the website if you are not willing to follow the terms and conditions. Please keep in mind not to use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic program, algorithm or methodology, or any similar or equivalent manual process, to access or copy or monitor any portion of the website.
For the convenience of the people accessing the terms and conditions, we would like to highlight that the following terms refer as:-
a. “user” refers to the people accessing our Tryfoto.
b. “website” refers to our site Tryfoto.
The terms and conditions are as following:-
Ownership and Property Rights:-
1. The photographs displayed on our website famously known as Tryfoto, are released under Creative Commons i.e. CC0 which signifies that you can copy, modify, distribute and publish the work, without any permission. Though, it is worth notifying that the photographs on the website of Tryfoto will require you to obtain a model or property release regarding the use of any personally identifiable information that is written on/or nearby or associated to the photograph or any proprietary design of art or architecture.
2. The standards to ensure that all photographs uploaded on Tryfoto will adhere to the Creative Common i.e. CC0 licensing terms, usage of pictures published on Tryfoto are provided on an “as-is, where-is” basis without any representation or warranties.
3. The users who upload pictures on Tryfoto agree to the terms and conditions as stated above and are bound by them and any reasonable argument of not being aware of the terms and conditions will not be acceptable. The following are the terms and conditions:
4. You approve and certify that the photograph you submit or upload are your original work and by uploading it to Tryfoto you are relinquishing your rights. The photographs do not violate any copyright, trademarks or any other intellectual property rights.11You certify that you are the exclusive owner of the photographs being uploaded on Tryfoto.
5. The photographs submitted or uploaded on Tryfoto will be released under Creative Commons (CC0). This means you are agreeing to release or exhibit the photograph/work in the public domain by forfeiting all your rights to the work across the globe under the Copyright Law and the conventions ratified by India, including related and neighboring rights, to the extent allowed by the law.
6. Once the photographs are submitted they cannot be removed without the permission of Tryfoto.
User Information:-
As per the set norms and standards, you will be asked for personal identifiable information, which is mandatory to be filled as a part of the process. It is essential to give accurate and correct user information and incase of any discrepancy a penalty might be levied on case-to-case basis. Also, maintaining secrecy of password will be the sole responsibility of the account holder and incase, of any mishandling of the account the owner of the account will be liable. If the users observeanyunauthorized use or activity you should immediately report to Tryfoto for taking an adequate measure. As per the Privacy Policy of Tryfoto, the details of the concerned person will be confidential and will not be given without his/her permission.
Third Party Websites
During the usage of our website Tryfoto, in case you are re-directed to a new page or website then we shall not be responsiblefor the content shown or provided on this external page even if they refer our website. Any association to third party websites do not construe of any advertisement or promotion of that website on our end. We refrain from such liabilities of colligate with such websites in anyway.
Limitation of Liability
To the fullest extent permitted by law, in no event shall Tryfoto, affiliates, any officer, director, employee, subcontractor, agent, successor, or assign of Tryfoto be held liable for any injury, loss, claim, damage, act of god, accident, delay, or any special, indirect, consequential, exemplary, incidental or punitive damages of any kind, including lost profits, whether based in contract, tort or otherwise, which arise out of or are in any way connected with any use of the website or with any delay or inability to use the website, or for any information, or services obtained through the website, even if Tryfoto has been advised of the possibility of such damages. If, not withstanding the foregoing, Tryfoto is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the website, Tryfoto’s sole liability to you shall in no event exceed the greater of (a) the total amount of any subscription fees with respect to any service or feature of or on the website paid in the six (6) months prior to the date of the initial claim made against Tryfoto, (b) or One Hundred Rupees (Rs.100.00).
Indemnity
The user agree to indemnify and hold harmless Tryfoto and its subsidiaries or any associated company, licensors and supplies, and their respective directors, employees, agents, representatives and contractors, from and against any and all liabilities, losses, claims, causes of action, damages, penalties, legal proceedings and similar matters, and costs and expenses including, but not limited to, reasonable attorney’s fees, arising from or relating to:
Exclusion of Warranties
The express warranties and representations set forth in this Agreement are in lieu of, and each party expressly disclaims, any and all other warranties, conditions or representations (express or implied, oral or written), with respect to Tryfoto website, content, or any other product, service or information provided by Tryfoto, user-content, third-party content, and any other software, services or applications in relation to the website part thereof, including any and all implied warranties or conditions of title, non-infringement, merchantability, or fitness or suitability for any purpose (whether or not a party knows, has reason to know, has been advised or is otherwise in fact aware of any such purpose), whether alleged to arise by law, by reason of custom or usage in anyway.
Notices
All notices, requests, waivers, demands, invoices, or other communication required or to be given under this Agreement shall be in writing and delivered by email to the other Party.
Governing Law
All disputes arising out of this Agreement or its performance of whatever nature arising out of or in any way relating to these Terms & Conditions or its formation shall be governed by and construed in accordance with the laws of the Province of Mohali, Punjab.
Modification of the Terms
Tryfoto reserves the right to update or modify the Terms & Conditions at any time without any prior notice, and such changes will be effective upon being posted on the website. These Terms & Conditions will indicate the date of last update. In the case of material changes to the Terms & Conditions, Tryfoto will make reasonable efforts to notify you of the change, such as through sending an email to the provided address you may have used to register for an account, through a pop-up window on the website or other similar mechanism.
Dispute Resolution
1. In case of any dispute, controversy between Tryfoto and you arising out of or in connection with your use of the Tryfoto website or services, the parties shall attempt, promptly and in good faith, to resolve any such dispute.
2. If the parties are unable to resolve the dispute within thirty (30) days then either party may submit their claims for the inception of arbitration procedure.
3. All disputes arising out of these Terms and Conditions shall be referred to one arbitrator nominated with the consent of both the Parties or, in default of agreement, such arbitrator will be appointed by an Mohali Judge of The Superior Court of Justice upon application of any of the said parties. A Judge of The Superior Court shall be entitled to act as such arbitrator, if he or she sodesires.
4. The Venue of the arbitration as agreed upon by both Parties in the City of Mohali, Punjab.
5. The arbitration proceeding shall be governed bythe provisions of Arbitration Act, Mohali. The arbitration proceedings shall be in the English language.
6. The award given by the arbitrator shall be final and binding on both the parties.
7. Nothing in this section will prevent either party from seeking injunctive relief from a court of competent jurisdiction.
8. Neither of the Parties may disclose the content and award of the arbitration without the prior written consent of the other Party.
Miscellaneous
If any of the provisions stated under the Terms & Conditions are held by the court or other tribunal of competent jurisdiction to be void or unenforceable under the Law, then such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms & Conditions, so that these Terms & Conditions shall remain in full force and effect.
These Terms & Conditions constitute the entire agreement between you and Tryfoto with regard to your use of the Tryfoto website, and any and all other written or oral agreements or understandings previously existing between you and Tryfoto with respect to such use are hereby superseded and cancelled.