This document is an electronic record in terms of international Information Technology law and thus an electronic record is generated by a computer system and does not require any physical or digital signatures. PLEASE READ THE FOLLOWING TERMS OF SERVICES (HEREIN AFTER REFERRED TO AS THE “TERMS”) VERY CAREFULLY BEFORE AVAILING ANY SERVICE(S). AS ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS .IN THIS AGREEMENT AND SHOWS YOUR ACCEPTANCE OF AND COMPLIANCE THEREWITH THE FOLLOWING TERMS AND CONDITIONS. By availing any service through our online e-commerce portal you agree that you have read, understood and are bound by all the Clauses in the Terms and the Terms in entirety, regardless of how you purchase or use or delegate the services offered herein. If you do not want to be bound by the Terms, you must not purchase or avail or use our products/services.
Srimark.com offer marketing, creating brand value, web development, innovative technological development as well as technology powering the automation of multi lingual and venture marketing campaign fulfillment services to medium size businesses or ventures or start-ups .
GLOSSARY OF REFERENCES
A. In these Terms, the following words and expressions are used in the following senses, unless contrary intention appears explicitly from the context:
1. “You” or “Buyer” or any other implicit term to such regard, shall mean the End Buyer accessing the website & its contents and using the Service(s) offered or buying any product through the website or by the provider(s) and proprietors of the website.
2. “We”, “Us” and “Our(s)” shall mean Company owners, owners of the domain name www.srimarks.com, its proprietor, and partners only.
3. “Website” or “the site” shall thereby mean srimark.com.
5. “Guest Buyer” shall mean any entity who browses through the website without any formality that involves logging in.
6. “Services” may mean inclusive of but not limited to, purchasing any development product or services offered through the website, and any other services that are provided to the specific category of Buyers to whom this. In case of additional reference to the term ‘service(s)’ occurs, the same would be elaborated in that context.
7. “Service Provider” means independent third party service providers, or as under s.512 of the Digital Millennium Copyright Act. Other terms and references would be explained in context as and when they occur.
ABOUT THE TERMS
A. The Company reserves the right to update the terms at any time without notice to Buyer. The most current version of the terms can be reviewed by clicking on the “Terms of Services” hypertext link located at the bottom of our Website.
C. Use of the website is offered to you conditioned on your acceptance without modification of any of and all the terms, conditions and notices contained in these Terms, as may be posted on the Website.
E. The SRIMARKS.COM offers marketing and fundraising services from the incubators, venture capitalist providing or helping or supporting start ups or small or medium size business through a mutual base or subscription fee.
DESCRIPTION OF SERVICES
A. SRIMARKS.COM is providing its Buyers the “Service(s)” that are currently inclusive of but not limited to, purchasing any services or technological product or website development offered or marketed through the website, relating to such services as provided through the Srimark.com. When a buyer sign up in the said website it provides a catalog of purchasing services or communicating with the management of srimark.com.
B. The Company would be then entitled to receive the payment for such rendering of Services through the Buyer via “PayPal” or credit or debit or any e-payment gateway.
C. The SRIMARKS.COM offers communication, marketing or software or technological development or company development or fundraising or website development or creating a brand value or provides to connect with the client and the businesses or owners or managers or incubators or venture capitalist directly through innovating ways.
ACCEPTANCE OF THE TERMS
A. This is a standard Agreement as per general principles of Contract Law and the buyer’s acceptance binds the buyer, irrevocably without any exception, to all the Clauses of these Terms and in entirety of the Terms. The terms may change and the “BUYERS” are liable to pay sale tax before accepting the terms as per the laws of the state.
B. This Agreement, which incorporates by reference other provisions applicable to use of the Website but not limited to, supplemental terms and conditions set forth hereof governing the use of certain specific material contained in the website or the services, sets forth the terms and conditions that apply to use of SRIMARKS.COM by buyer. By using SRIMARKS.COM or the website (other than to read this Agreement for the first time), buyer agrees to comply with all of the terms and conditions hereof.
C. SRIMARKS.COM shall have the right at any time to change or discontinue any aspect or feature of srimarks.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
BUYER ACCOUNT, PASSWORD, AND SECURITY
A. If, and as it may, require that any of the Services or Purchase any product or services herein offered on the Website Buyer must need to open an account, you must complete the registration process of the same by providing the current, complete and accurate information as prompted and requested for by the applicable registration form or page.
B. You will also have to designate a password and Buyer name. Upon completion of the registration process, you will receive the password and account designation, as put forth by you and as it shall be on availability.
C. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
D. You agree to:
1. Immediately notify SRIMARKS.COM of any unauthorized use of your password or account or any other breach of security, and
2. Ensure that you exit from your account at the end of each session.
A. SRIMARKS.COM will also not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
B. However, you could be held liable for losses incurred by SRIMARKS.COM or another party due to someone else using your account or password.
C. SRIMARKS.COM cannot be held and will not be liable for any loss or damage arising from your failure to comply with above terms.
D. You may not use anyone else’s account at any time, without the permission of the account holder.
A. Use of the Website is available only to persons who can form legally binding contracts under the Universal Commercial Code. Persons who are “incompetent to contract” within the meaning of the general principles of contract law including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website; purchase any items through the website. As a minor if you wish to purchase an item on the Website such purchase or sale may be made by your legal guardian or parents who have registered as Buyers of the Website or can use the Website as Guest Buyer. SRIMARKS.COM reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to its notice or if it is discovered that you are under the age of 18 years.
RULES WITH RESPECT TO BUYER CONDUCT
A. You shall use the website for all lawful purposes only.
B. You shall not store, post, or transmit through the website and any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without the said website management express prior approval, contains advertising or any solicitation with respect to products or services. SRIMARKS.COM, as a policy and technicality, never views any of the information stored on its system.
C. The website and the services offered contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the website and innovative services are copyrighted as a collective work under the copyright laws of UNITED KINGDOM, and world conventions with respect to intellectual property, like the Agreement for Trade Related Aspects of Intellectual Property Rights (TRIPS), etc to name a few; and by virtue of UNITED KINGDOM being a Member State of the World Intellectual Property Organization (WIPO), is also subject to Bern Convention, Hague Agreement, Madrid Protocol, Paris Convention, Patent Cooperation Treaty, Washington Treaty, WIPO Convention and WIPO Copyright Treaty, being in force by instruments of accession or ratification.
D. SRIMARKS.COM owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only.
E. Except, and until, as otherwise expressly permitted under copyright law, no copying, redistribution, re-transmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of SRIMARKS.COM, and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
F. You also acknowledge that the same does not acquire any ownership rights by downloading copyrighted material.
G. You shall not upload, post or otherwise make available on SRIMARKS.COM any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you.
H. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
I. The above mentioned sections are for the benefit of SRIMARKS.COM, its subsidiaries, affiliates and its third party content providers and licencors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
RULES WITH RESPECT TO USE OF SERVICES:
A. You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. Merely by way of example, and not as a construed limitation, you agree and undertake that when using a Service, YOU WILL NOT:
1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
2. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
3. upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents; no details of the clients who is responding to the feedback will be given to the buyer,
4. upload or distribute files that contain viruses, corrupted files, not introduce viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful or any other similar software or programs that may damage the operation of the Website;
5. conduct or forward surveys, contests, pyramid schemes or chain letters;
6. attack the Website via a denial-of-service attack or to distribute a denial-of service attack;
7. download any file posted by another Buyer of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
8. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
9. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
10. violate any applicable laws or regulations for the time being in force in or outside UNITED KINGDOM; and
11. violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
A. You agree, undertake and confirm that your use of SRIMARKS.COM shall be strictly governed by the following binding principles: You shall not host, display, upload, modify, publish, transmit, update or share any information:
1. belongs to another person and to which You do not have any right to;
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophile, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act,; 3. misleading in any way;
4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
5. harasses or advocates harassment of another person;
6. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
7. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. infringes upon or violates any third party’s rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
9. promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
10. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
11. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
12. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
13. contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian);
14. tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End Buyer Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other Buyers;
15. engages in commercial activities and/or sales without SRIMARKS.COM’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” items related to the Sites. Throughout these Terms, SRIMARKS.COM” prior written consent” means a communication coming from SRIMARKS.COM’s Legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
16. solicits gambling or engages in any gambling activity which SRIMARKS.COM, in its sole discretion, believes is or could be construed as being illegal;
18. harm minors in any way;
19. infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
20. violates any law for the time being in force;
21. deceives or misleads the addressee/ Buyers about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
22. impersonate another person;
23. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
24. threatens the unity, integrity, defence, security or sovereignty of UNITED KINGDOM, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
25. shall not be false, inaccurate or misleading;
26. shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
27. shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
B. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website and/or the innovative services or products or any development, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any services, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website and/or the innovative services or products. SRIMARKS.COM reserves the right to bar any such activity. SRIMARKS.COM when provides numerical digital number the management of the company cannot guarantee any specific desire number the number directs from a third party vendor, and the said website cannot be held liable for any specific choice of number.
C. You shall not attempt to gain unauthorized access to any portion or feature of SRIMARKS.COM website and the innovative services or products, or any other systems or networks connected to SRIMARKS.COM website or to any SRIMARKS.COM server, computer, network, or to any of the services offered on or through SRIMARKS.COM website or the innovative services or products, by hacking, password “mining” or any other illegitimate means.
D. You shall not probe, scan or test the vulnerability of SRIMARKS.COM website or any networks neither connected to them nor breach the security or authentication measures on website and the innovative services or products or any network connected to SRIMARKS.COM Website. You may not reverse look-up, trace or seek to trace any information on any other Buyer of or visitor to SRIMARKS.COM website or any other customer of SRIMARKS.COM, including any SRIMARKS.COM account not owned by you, to its source, or exploit SRIMARKS.COM website or any service or information made available or offered by or through SRIMARKS.COM website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the website.
E. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of SRIMARKS.COM website or SRIMARKS.COM’s systems or networks, or any systems or networks connected to SRIMARKS.COM or its services.
F. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website and any transaction being conducted on the website, or with any other person’s use of the website.
G. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to SRIMARKS.COM on or through the internet or any service offered on or through the website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
H. You may not use the website and or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of SRIMARKS.COM or others.
J. From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Buyers in any manner.
K. You shall not engage in advertising to, or solicitation of SRIMARKS.COM to buy or sell any products or services, including, but not limited to, products or services related being displayed on SRIMARKS.COM or related to SRIMARKS.COM without the company said consent. You may not transmit any chain letters or unsolicited commercial or junk email to other Buyers via SRIMARKS.COM. It shall be a violation of these Terms to use any information obtained from SRIMARKS.COM in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the SRIMARKS.COM without SRIMARKS.COM’s prior explicit consent. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
M. It is possible that other Buyers (including unauthorized Buyers or “hackers”) may post or transmit offensive or obscene materials on SRIMARKS.COM and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of SRIMARKS.COM, and that the recipient may use such information to harass or injure you. SRIMARKS.COM does not approve of such unauthorized uses but by using the SRIMARKS.COM website or the innovative services or products you acknowledge and agree that SRIMARKS.COM is not responsible for the use of any personal information that you publicly disclose or share with others on SRIMARKS.COM. Please carefully select the type of information that you publicly disclose or share with others on SRIMARKS.COM.
N. SRIMARKS.COM shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
A. You agree to indemnify and keep indemnified SRIMARKS.COM and its partners from time to time being, its affiliates and their respective directors, officers, its employees and agents, from and against any claims, liabilities, damages, costs, actions or demands, including without limitation reasonable legal and accounting costs, alleging or resulting from your use or misuse of the Material or your breach of these Terms, except to the extent that such claims, liabilities, damages, costs, actions or demands are caused by SRIMARKS.COM.
A. All such intellectual property that appear on the website and/or the innovative services or products or are related to SRIMARKS.COM or that refer to SRIMARKS.COM or are associated with SRIMARKS.COM that fall under the category of materials that are protected as copyrights, have been so protected and are registered copyrights of SRIMARKS.COM. If any buyer or Buyer or client willing to use the name or the intellectual property of the said website need to have permission from the management or else will be held liable of violation of this term.
B. Transfer-ability of economic rights of copyrighted material is subject to the discretion of SRIMARKS.COM, on notice thereby provided by SRIMARKS.COM, in case, if any.
C. Moral and ethical rights with respect to the same shall however irrevocably and without right of waiver shall rest with SRIMARKS.COM.
A. SRIMARKS.COM and its logos are trademarks of the Company. All rights are reserved. All other trademarks appearing on SRIMARKS.COM website and products are the property of their respective owners.
B. Understanding that trademarks fall under the category of industrial property with respect to intellectual property rights, and are governed by municipal laws and international norms therein, associated and administered by the treaties, bureaux and conventions of the WIPO, the names of actual companies and products mentioned herein may be the trademarks of their respective owners.
C. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real Company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.
ABOUT NOTICE IN ACCORDANCE WITH THE DMCA
If you believe that content available by means of the Website and/or the innovative services or products infringes one or more of your copyrights, please notify us by providing a written notice (“Infringement Notice”) containing the information described below to the designated agent listed below. If SRIMARKS.COM takes
action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to SRIMARKS.COM.
Your Infringement Notice may be forwarded to the party that made the content available or to relevant third parties.
Please be advised that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Thus, if you are not sure content located on or linked-to by the Website and/or the innovative services or products infringes your copyright, you should consider first contacting an attorney.
A. These Terms have been constructed in accordance and consonance with the existing laws of the United Kingdom in state of London; and this Agreement shall be construed in accordance with the laws of the UNITED KINGDOM without any adherence to any conflict of law principles.
B. The Agreement shall be governed by the laws of the UNITED KINGDOM existing therein at any point in time, without any reference to general or extraordinary principles and disputes relating to Conflict of Laws or Private International Law, arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at UNITED KINGDOM in the city of London.
C. All appeals shall be with respect to, and shall undergo, the specific legal/judicial system of UNITED KINGDOM with the hold of jurisdiction and maintainability of the suit therein with respect to location of the Company.
D. However, the aforementioned legal provisions are subject to alteration at any point in time, without any prior notice, and the intent and interests of the Company shall have precedence and holding over any dispute that may arise.
A. If any provision of the Terms is determined to be not qualified or invalid or unenforceable in whole or in part, such disqualification or invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision, and all other provisions of these Terms shall continue to be in full force and effect. ANY PARTICULAR RIGHT(S) WHICH IS/ARE NOT EXPRESSLY GRANTED HEREIN IS/ARE RESERVED BY SRIMARKS.COMAND IS NOT WAIVED IN ANY SITUATION WHATSOEVER.