OWNERSHIP OF THE SITE AND ITS CONTENTS
This Website and MASH Content are intended for customers of MASH. You may not use this Website or the MASH Content for any purpose not related to your business with MASH’s Content. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Website or MASH Content without, or in violation of, a written license or agreement with MASH or ShotIndia; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Website or the MASH Content by using framing, linking, meta-tag or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any MASH Content product or service if you are not expressly authorized by such party to do so; (e) using the Website or the MASH 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.
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. You are allowed to use this Website only for lawful purposes and activities.
MASH is the exclusive owner and holder of MASH Trademarks, www.shotindia.com, www.imagesbazaar.com, www.indianfunding.com, Mash Audio Visuals or any other ShotIndia's trade names, trademarks, logos or service marks and any other slogan or design contained in the Website and otherwise used in trade (''MASH Marks''). MASH Marks shall remain the sole property of MASH, its affiliates and subsidiaries, and may not be copied, imitated or used, in whole or in part, without the prior written permission of MASH or the applicable trademark holder. You are not allowed to use, register, or assist others in using or registering any trademarks, trade names, logos, internet domain names, or any mark or name confusingly similar to MASH Marks or belonging to ShotIndia without MASH prior written consent. You will not now or in the future contest the validity of MASH Marks nor will oppose or assist others in opposing any registration of any of the MASH Marks. You are not allowed to use any MASH Marks in connection with any of your Works. All goodwill accruing to the MASH Marks shall belong to MASH. You agree not to use MASH Marks in any manner that might tarnish, disparage, or reflect adversely on such trademarks or MASH. You agree not to use any MASH Marks 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 meta-tag, hidden text, keyword, or any other type of programming code or data. You cannot at any time, adopt or use, without MASH's prior written consent any word or marks which is similar to or likely to be confused with MASH Marks. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of MASH and may not be copied, imitated or used, in whole or in part, without MASH’s prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the 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 us.
MASH makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, concept, nature or reliability of third-party websites accessible by hyperlink from the Website, or websites linking to our Website. Such sites are not under the control of MASH and MASH is not responsible for the contents of any linked site or any link contained in a link site, or any review, changes or updates to such sites. MASH provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by MASH of any site or any information contained therein. When you leave our Website, you should be aware that our terms and policies no longer govern. You should review the terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.
Your participation, correspondence or business dealings with any third party found on or through the Website, regarding the payment and delivery of related goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party, and you agree that MASH shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
This Website may contain photographic images and content uploaded (“User Content”) in which you or third parties create, post or store any content, messages, comments, materials or other items on the Website. You are solely responsible for your use of such User Content and use them at your own risk. By posting any Content on the Website, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Website any of the following:
User Content that would infringe any copyright, trademark, patent, trade secret or other intellectual property and proprietary rights or contract rights of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content;
Any message, comment, data, information, photographic images, sound, text or other material that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or other objectionable;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters;
Private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files; and
User Content that, in the sole judgment of MASH, is objectionable or which restricts or inhibits any person from using the Website or which may expose MASH or its users to any harm or liability of any type.
Not to delete or revise any User Content posted by any third party.
MASH takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is MASH liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornographic you may encounter. Your use of the User Content is entirely at your own risk. As a provider of User Content, MASH is not liable for any statements, representations and User Content provided by its users. Although MASH has no obligation to screen, edit or monitor any of the User Content posted on the Website, MASH reserves the right and in its absolute discretion can remove, screen or edit any User Content posted on the website at any time and for any reason without notice. You are solely responsible for creating backup copies of the User Content posted by you on the Website at your sole cost and expense.
Any use of the Website or other provisions of the Website in violation of the foregoing violates these Terms and may result, in among other things, termination and suspension of your account and your rights to use the Website. You acknowledge and agree that MASH may access, use or disclose any information about you or your use of this Website, including, without limitation, any User Content, personal information and other information required to comply with the law or any legal process; protect and defend the rights or property of MASH; or to protect the safety of MASH, its affiliates, parent, their respective directors, employees, officers, customers or the public.
If you post User Content to the Website, unless we indicate otherwise, you grant MASH and its affiliates and subsidiaries, a non-exclusive, royalty free, perpetual, irrevocable and fully sub-licensable right to use, distribute, perform and publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant MASH, its affiliates and subsidiaries and sub-licensees the right to use the name that you submit in connection with such Content, if they choose.
If you post User Content to the Site, you represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
MASH acts as a content integrator and is not responsible for the information and Content provided by User(s) to be displayed on the Website. MASH does not have any role in development of the User Content.
THIS WEBSITE AND MASH CONTENT ARE PROVIDED “AS IS” AND MASH AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. MASH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR MASH CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT MASH, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE OR THE MASH CONTENT. MASH MAKES NO WARRANTY THAT THE WEBSITE OR CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
Mash uses reasonable efforts to ensure the accuracy, correctness and reliability of the information and Content, but Mash makes no representations or warranties as to the Content posted by the User(s) as to its accuracy, correctness, reliability and any other irregularity.
IN NO EVENT SHALL MASH, ITS AFFILIATES, SUBSIDIARIES AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, OFFICERS, MEMBERS OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE SERVICES, MASH IMAGE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSES THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM MASH, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MASH’ RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MASH, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO MASH FOR ACCESS TO OR USE OF THE WEBSITE.
Some jurisdictions do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
You agree to indemnify and hold MASH, its affiliates, subsidiaries and their respective directors, employees, officers and agents harmless against all claims or liability asserted against MASH arising out of or in connection with any breach by you or anyone acting on your behalf of any of the Terms and Conditions of this Agreement. You shall defend, indemnify and hold MASH, its affiliates, subsidiaries and their respective directors, employees, agents and officers harmless from all damages, liabilities and expenses (including reasonable attorney’s fees and permitted and authorized costs) arising out of breach of this Agreement as a result of claims by third parties relating to your use and act relating to this Agreement or any breach of this Agreement. Such indemnification is in addition to MASH’s right to terminate for a breach of the representations and warranties and is not a waiver or limitation of MASH’s other rights or remedies.