Welcome to [GLF Stock][1] , owned and operated by PIXELLAKE GOOD IMAGE CREATORS PRIVATE LIMITED,a company incorporated under the [Companies Act, 2013] and having its office at A-87 Virwani Industrial Estate, Goregaon East, Mumbai 400063 (hereinafter referred to as “GLF Stock” or “Company” or “us” or “we” or “our”). Your use of this website https://glfstock.com/ (“Website” or “Platform”) means that you agree to the following terms of use (“Terms of Use” or “Terms”). If you do not agree with the Terms, you should leave this Website immediately, not use the files herein, and not subscribe to use the Website or accessing any images, services, products, or any other relevant provided to you, on, from, or through the Website (collectively “Services”).
PLEASE READ THESE TERMS OF USE CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF [www.glfstock.com].[2] YOUR USE OF THIS WEBSITE MEANS YOU EXPLICITLY AGREE TO THE FOLLOWING TERMS OF USE DESCRIBED HEREIN AND BY ALL TERMS, POLICIES, AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OR ANY OF THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE, LEAVE THIS WEBSITE IMMEDIATELY, NOT USE THE FILES HEREIN, AND/OR NOT SUBSCRIBE TO THIS SERVICES.
- Applicability of Terms[3]
- By accessing or using the Website, whether automated or otherwise, you agree to be bound by these Terms and Conditions for availing our Services. In these Terms, references to “You” and “User” shall mean the end user/customer accessing the Website, its contents, using the Services offered through the Website, and purchasing products on the Website.
- By using this Website, you represent and warrant that you are over the age of 18 (Eighteen) and are lawfully able to accept the Terms. If you are using the Website on behalf of any entity, you further represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify the Platform for violations of these Terms, if any.
- We may revise and update the Terms at any time and without notice. Your continued access or use of this Website after any such changes are posted will constitute your acceptance of these changes and you will be bound by the amended version of the Terms. We may make such changes without prior notice to You, and You agree to abide by these modifications or revisions. Unless specified otherwise in the revision, the updated Terms of Use and all associated information will become effective upon posting.
- By using our Website, you hereby agree and acknowledge that you have read, understood, and agree to:
- The Terms of Use;
- The Platform’s Privacy Policy available at https://glfstock.com/[4] and
- Any other agreements or policies referenced herein (collectively, “Terms of Service”).
- Ownership of the Website and Contents
This Website is owned, hosted, and operated by the Company. Unless otherwise indicated, all the content featured or displayed on the Website, including, but not limited to, photographic images, text, graphics, layout of the Website, sound, illustrations, software, trade dress, trademarks, patents, and the selection and arrangement thereof (“Content“), is owned by the Company, its affiliates, subsidiaries, contributors, or its third-party image partners, as the case may be applicable.
- Registration Data and Account Security
- In consideration of your use of the Website, you agree to:
- provide correct, accurate, current, and complete information about you as may be prompted by any registration forms on the Website (“Registration Data”);
- maintain and promptly update the Registration Data, and any other information you provide to Platform, to keep it accurate, current and complete;
- maintain the security of your password and identification;
- notify the Platform immediately of any unauthorized use of your account or other breach of security;
- accept all responsibility for any and all activities from your account; and
- accept all risks of unauthorized access to the Registration Data and any other information you provide to the Platform.
- Conditions of Use
- You may use this Website or the Content only in accordance with the Terms, Privacy Policy, and other agreements required to be executed with us, if any. The User will not download, copy, or re-transmit any or all of Content in violation of the License Agreement [5] https://glfstock.com/[6]
- You are allowed to use this Website only for lawful purposes and activities. The User shall not use the Website or its Content for undertaking any of the following prohibited activities in relation to:
- using any data mining, robots, or similar data gathering or extraction methods;
- manipulating or otherwise displaying the Website or the Content by using framing, linking, meta-tag, or similar navigational technology;
- registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Content product or service if you are not expressly authorized by such party to do so;
- disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material which shall include but not be limited to information in any form;
- transmitting material that encourages conduct or incites any activities that result in civil liability or otherwise breaches any relevant laws, regulations, or code of practice or constitutes a criminal offence;
- gaining unauthorised access to other computer systems;
- interfering with any other person’s use or enjoyment of the Website;
- breaching any applicable laws;
- interfering or disrupting networks or websites connected to the Website;
- making, transmitting, or storing electronic copies of materials protected by copyright without the permission of the owner including Intellectual Property and confidential information which shall include but not be limited to design details and colours; and/or
- using the Website or the Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, publicity and privacy laws, moral rights, and applicable communications regulations and statutes.
- The User will utilize the Services provided by us and our users, for lawful purposes only and comply with all applicable laws and regulations while using the Website and conducting any transactions on the Website. The User will provide true, accurate, complete, and current information in all instances where such information is requested by the User. We reserve the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation, the User details are found not to be true (wholly or partly), the Platform maintains the right in its sole discretion to reject the registration and debar the User from using the services of the Website and/or other affiliated websites without prior intimation whatsoever. The User will use its best and prudent judgment before entering into any transaction through this Website doing so at the User’s sole risk.
- You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, copyright, trademarks, patent, privacy, and the transmission of technical data exported from India or the country in which you reside. You further warrant that you will not interfere with the security of, or otherwise abuse this Website or any system resources, services, or networks connected to or accessible through this Website.
- Third Party Websites
The Website includes links to other websites whose terms and privacy practices may differ from those of the Platform. The inclusion of a link on the Website may endorse or display services of other partner companies or brands. Our Services may also be displayed on the websites of other partner companies. If the users access or submit personal information to any of those websites, such access and information will be governed by the terms of use and privacy policies of such third-party websites and the Platform disclaims all responsibility or liability with respect to any information shared on such websites which shall be governed by their respective terms, policies and thereafter maintained and/or utilized by the websites. The Users are encouraged to carefully read the terms and privacy policy of any website that they visit.
- Intellectual Property
- The Company is the sole owner and lawful licensee of all the rights to the Website and its Content. All materials on this Website, including, but not limited to design, layout, images, text, graphics, sound, video, trade-dress, trademarks, and patents are the property of the Company and are protected by all the applicable laws, including, but not limited to copyright, trademark, trade-names, patents, internet domain names, data protection, IT Act, privacy and publicity rights and other similar rights and statutes. Use of any Content without the express written permission and license to use is strictly prohibited. All title, ownership, and intellectual property rights in the Website and its Content shall remain with the Company, its affiliates as the case may be, and does not pass on to you or your representatives.
- All Content and Services are protected by copyright, moral rights, trademark and other laws relating to the protection of intellectual property, and are owned by Platform. Use of any Platform’s Content or Services without the express permission and license to use are strictly prohibited. All title, ownership and intellectual property rights in the Services and its Content shall remain with the Platform, and does not pass on to You or Your representatives.
- Copyright
- In compliance with The Copyright Act, 1957 and relevant laws, the Platform has implemented a policy under which it may, at its sole discretion and in appropriate circumstances, terminate the accounts of Users who infringe upon the intellectual property rights of the Platform or any third party.
- The Company owns all copyrights in the represented images on the Website. No ownership in any represented images shall to anyone accessing this Website and using the Content. You shall not remove any copyright or other proprietary rights notice contained in the represented images, any related promotional materials provided on this Website. The Company prohibits any Content or any other material that infringes on any copyright, trademark, patent, and trade secret, right to privacy, right to publicity, or any other applicable law or proprietary right to be uploaded to the Website.
- If you believe that any content on the Website violates a copyright that You own or control, You may submit a notification of infringement to Our designated Copyright Agent as outlined below:
Name: Akshay Dilip Narayankar
Phone: 7738898666
E-mail: [email protected]
- Trademark [7]
The Platform is the exclusive owner and holder of WWW.GLFSTOCK.COM and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Platform or the applicable trademark holder. The User shall not use ‘hidden text’ utilising WWW.GLFSTOCK.COM or any other name, trademark, product, or service name of Platform without our prior written permission. All other trademarks, registered trademarks, product names, and Platform names or logos mentioned in the Website are the property of the Platform. 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 us.
- Assignment Of Rights
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, subject to the execution of the License Agreements.
- Indemnity
The User hereby agrees to indemnify and keep indemnified, defend and hold the Platform, the Platform’s agents, affiliates, representatives, authorized users, employees, and assigns harmless from and against any and all losses, damages, liabilities and costs arising from the Users use of the Website or the Services and / or the violation of this agreement by the User.[8]
- Limitation Of Liability
- To the extent permissible by applicable law, in no event shall the Company and its affiliates or their respective employees, officers, directors, shareholders, affiliates be liable to any User for damages of any kind, arising out of or related to the availability, use, reliance on, or inability to use the Platform, Services, or any content or other materials on, accessed through or downloaded from the Platform or Services, including any direct, indirect, special, exemplary, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
- The User’s sole and exclusive remedy for any of the above claims or for disputes against us is to discontinue your use of the Platform and/or Services. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by the User under these Terms.
- In no event shall the Company be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
- the use or the inability to use the Services or products on the Platform;
- unauthorized access to or alteration of the User’s transmissions or data; and
- any other matter relating to the Services including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Platform or Service. The Company shall not be held responsible for the non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform. The Users understand and agree that any material and/or data downloaded at the Platform is done entirely at the User’s own discretion and risk and they will be solely responsible for any damage to their devices or loss of data that results from the download of such material and/or data. The Company’s liability shall be limited to an amount equivalent to the value of products purchased on the Platform.
- Applicable Law And Jurisdiction
These Terms and Conditions shall be governed by the laws of India. Any dispute, claim, or controversy arising out of, or relating to the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these Terms, or to the User’s use of the Website or the service or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Mumbai, Maharashtra India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties.[9] [10]
- Termination
The User understands and agrees that the Platform reserves the right to terminate the User’s registration and / or terminate the User’s right to use the Website for any reason whatsoever, including without limitation, any act or omission in contravention of the Privacy Policy or of these Terms. [11] The User further understands and agrees that any such termination may be affected without prior notice to the User and the User acknowledges and agrees that the Platform may delete or deactivate the User’s account immediately upon detecting any such reason, including without limitation, the contravention of the Privacy Policy or of these Terms.
- Miscellaneous Provisions
- Remedy
You agree that any breach of this Terms of Service by You or Your representatives would cause the Platform irreparable harm, injury, loss, and damage. Accordingly, in addition to any other remedies the Platform may have at law or in equity, the Platform shall be entitled to injunctive and other relief in the event there is a breach of this Terms of Service.
- Severability
If any provision of these Terms is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from these Terms and the remainder of these Terms shall be interpreted as if such provision were so excluded and shall remain to be enforceable in accordance with its terms; provided however that, in such event these Terms shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
- Waiver
No term of these Terms shall be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by an Authorized Representative of the Platform. Any consent by the Platform to, or waiver of a breach by the User, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach(s).
- Survival
Provisions of limitation of liability, indemnity, intellectual property rights, and conditions of use shall survive any termination.
- Amendments
We reserve the right to make changes to the Website, policies, and these Terms at any time. The User will be subject to the Terms in force at the time that the User uses the website or at the time the User places orders on the Website, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by the User). If any of these conditions is deemed invalid, void, or for any reason unenforceable, such condition will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.
- Electronic Record
This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and the rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of the IT Act and the rules made thereunder that require publishing the rules and regulations, privacy policy and terms of use of the Website.
- Disclaimer of Warranties
- The Platform is provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, we do not make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to:
- the Service;
- the Platform content;
- User content; or
- security associated with the transmission of information to the Platform.
- In addition, we hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
- We do not represent or warrant that the Service will be error-free or uninterrupted, that defects will be corrected; or that the Service or the server that makes the Service available is free from any harmful components, including, without limitation, viruses. We do not make any representations or warranties that the information (including any instructions) on the Service is accurate, complete, or reliable. You acknowledge that your use of the Platform is at your sole risk. We do not warrant that your use of the Platform is lawful in any particular jurisdiction, and we specifically disclaim such warranties.
- Complaints
We reserve the rights to remove or deactivate the User’s account if reported or so informed by any other user of the Website or otherwise, for posting inappropriate messages or information through the Website. If the User has questions, concerns, or grievances regarding these Terms or any other user, the User can contact us as per these Terms, or wish to make a complaint, please contact us at [email protected].
TL Note: Please confirm the name and spelling of the platform.
TL Note: Please confirm the url for the Platform.
TL Note: Please note that the terms of payment, refund policy related clauses will be covered in the terms of payment, licensing agreement which will be displayed as separate segments on the platform. We will include the terms of payment once the pricing schedule is shared with us.
Exact link to shared as privacy policy is not uploaded on the website
TL Note: We are separately preparing the license agreement drafts for the royalty and royalty free licensing limbs.
Exact link to shared as privacy policy is not uploaded on the website
TL Note: In case the company aims to procure any other intellectual property (IP) registration, right under applicable laws, we can include specific references to such IP – please let us know if you would require any further IP’s to be included in this clause.
TL Note: Please note that indemnity construct is one sided where only the user is required to indemnify us for all losses suffered by the platform/ Company.
TL Note: Please confirm the seat and venue of this dispute resolution clause for processing disputes and claims.
Mumbai, Maharashtra India.
TL Note: Please confirm this understanding for us. We can revise accordingly should there be any further steps involved in the process of terminating an account of Users.