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Please
read the following terms and conditions very carefully as your use
of services is subject to your acceptance of and compliance with the
following terms and conditions ("Terms").
By subscribing to
or using any of our services you agree that you have read,
understood and are bound by the Terms, regardless of how you
subscribe to or use the services. If you do not want to be bound by
the Terms, you must not subscribe to or use our services.
In
these Terms, references to "you", "User" shall mean the end user
accessing the Website, its contents and using the Services offered
through the Website, "Service Providers" mean independent third
party service providers, and "we", "us" and "our" shall mean Galileo
Telescope Makers and its affiliates.
Introduction:
a) www.galileotelescope.com
website ("Website") is an Internet based
content and e-commerce portal owned and operated by Galileo
Telescope Makers, a company incorporated under the laws of
India, with its
registered office at 503A Prem Kunj, Navroji
Lane, Ghatkopar W Mumbai 400086. b) Use
of the Website is offered to you conditioned on acceptance without
modification of all the terms, conditions and notices contained in
these Terms, as may be posted on the Website from time to time.
Galileo Telescope Makers at its sole discretion reserves the right
not to accept a User from registering on the Website without
assigning any reason thereof.
User
Account, Password, and Security:
You will receive a password and
account designation upon completing the Website registration
process. 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. You agree to
(a) immediately notify Galileo Telescope Makers of any unauthorized
use of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each
session. Galileo Telescope Makers cannot and will not be liable for
any loss or damage arising from your failure to comply with this
Section 2.
Services
Offered:
Galileo Telescope Makers provides a number of
Internet-based services through the Web Site (all such services,
collectively, the "Service"). Also create customized merchandise
like Photos, Telescopes, etc. (collectively, "Products"). Galileo
Telescope Makers users may either upload their own individual
designs/photos and purchase customized Products for their own use,
or upload designs/photos through their own page on the Website and
allow it for public viewing and use for other users to utilize your
design/photo. Upon customization as per order, Galileo
Telescope Makers shall ship the
product to you and be entitled to its payment for the Services.
Galileo Telescope Makers also offer a number
of other services on its Website, such as message boards, forums,
blogs and newsletters, which may change
from time to time.
Privacy
Policy:
The User hereby consents, expresses and agrees that he
has read and fully understands the Privacy Policy Privacy
Policy of Galileo Telescope Makers in respect of the
Website. The user further consents that the terms and contents of
such Privacy Policy are acceptable to him.
Limited
User:
The User agrees and undertakes not to reverse
engineer, modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information or software
obtained from the Website. Limited reproduction and copying of the
content of the Website is permitted provided that Galileo Telescope
Makers ‘s name is stated as the source and
prior written permission of Galileo Telescope Makers is sought. For the removal
of doubt, it is clarified that unlimited or wholesale reproduction,
copying of the content for commercial or non-commercial purposes and
unwarranted modification of data and information within the content
of the Website is not permitted.
User
Conduct and Rules:
You agree
and undertake to use the Website and the Service only to post and
upload messages and material that are proper. By way of example, and
not as a limitation, you agree and undertake that when using a
Service, you will not:
(a) defame,
abuse, harass, stalk, threaten or otherwise violate the legal rights
of others;
(b) publish, post, upload, distribute or
disseminate any inappropriate, profane, defamatory, infringing,
obscene, indecent or unlawful topic, name, material or information;
(c) 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;
(d) upload or distribute files that contain viruses,
corrupted files, or any other similar software or programs that may
damage the operation of the Website or another computer;
(e) conduct or forward surveys, contests, pyramid
schemes or chain letters;
(f) download any file
posted by another user of a Service that you know, or reasonably
should know, cannot be legally distributed in such manner;
(g) 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;
(h) violate any code of conduct or
other guidelines, which may be applicable for or to any particular
Service;
(i) violate any
applicable laws or regulations for the time being in force in or
outside India; and
(j) 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.
User
Warranty and Representation:
The user guarantees, warrants, and
certifies that you are the owner of the content which you submit or
otherwise authorised to use the content
and that the content does not infringe upon the property rights,
intellectual property rights or other rights of others. You further
warrant that to your knowledge, no action, suit, proceeding, or
investigation has been instituted or threatened relating to any
content, including trademark, trade name service mark, and copyright
formerly or currently used by you in connection with the Services
rendered by Galileo Telescope Makers .
Exactness
Not Guaranteed:
Galileo Telescope Makers hereby disclaims any
guarantees of exactness as to the finish and appearance of the final
customized Product as ordered by the user. The quality of any
products, Services, information, or other material purchased or
obtained by you through the Website may not meet your expectations.
Alterations to certain aspects of your custom product order such as
the merchandise brand, size, color, print process used, print size,
print color etc., may be required due to limitations caused by
available product, available production materials, production
equipment capabilities, as well as limitations caused by the quality
or type of your submitted design. In this instance you agree that
Galileo Telescope Makers will send an approval
request via the email address which you submitted when placing your
order. If you do not agree with the requested change you retain the
right to reject the requested production change by replying to it
within 10 days of it being sent to you. Galileo Telescope Makers
may re-request that you accept a production alteration
one additional time if an alternative method to produce your
merchandise is available. If you reject this 2nd request your order
will be cancelled and you will be fully refunded via your initial
method of payment.
Intellectual
Property Rights:
a) Unless otherwise indicated or anything
contained to the contrary or any proprietary material owned by a
third party and so expressly mentioned, Galileo Telescope
Makers owns all
Intellectual Property Rights to and into the Website, including,
without limitation, any and all rights, title and interest in and to
copyright, related rights, patents, utility models, trade marks,
trade names, service marks, designs, know-how, trade secrets and
inventions (whether patentable or not), goodwill, source code, meta
tags, databases, text, content, graphics, icons, and hyperlinks. You
acknowledge and agree that you shall not use, reproduce or
distribute any content from the Website belonging to Galileo
Telescope Makers without obtaining
authorization from Galileo Telescope Makers .
b)
Notwithstanding the foregoing, it is expressly clarified that you
will retain ownership and shall solely be responsible for any
content that you provide or upload when using any Service, including
any text, data, information, images, photographs, music, sound,
video or any other material which you may upload, transmit or store
when making use of our various Service. However, with regard to the
product customization Service (as against other Services like blogs and forums) you expressly agree that by
uploading and posting content on to the Website for public viewing
and reproduction/use of your content by third party users, you
accept that whereby you grant a non-exclusive license for the use of
the same.
c) However,
no royalty will be owed or paid on the sale of any product
containing any material/content which is in violation of any of the
provisions of these Terms, including but not limited to no royalty
on any images that contain objectionable content or are posted in
violation of the intellectual property, privacy or celebrity rights
of any person or entity.
Links To
Third Party Sites:
The Website may contain links to other
websites ("Linked Sites"). The Linked Sites are not under the
control of Galileo Telescope Makers or the Website and
Galileo Telescope Makers
is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or
any changes or updates to a Linked Site. Galileo Telescope Makers
is not responsible for any form of transmission,
whatsoever, received by you from any Linked Site. Galileo Telescope
Makers
is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by Galileo
Telescope Makers or the
Website of the Linked Sites or any association with its operators or
owners including the legal heirs or assigns thereof. The users are
requested to verify the accuracy of all information on their own
before undertaking any reliance on such information.
Disclaimer
Of Warranties/Limitation Of Liability: Galileo Telescope Makers
has endeavored to ensure that all the information on
the Website is correct, but Galileo Telescope Makers neither warrants nor makes
any representations regarding the quality, accuracy or completeness
of any data, information, product or Service. In no event shall
Galileo Telescope Makers
be liable for any direct, indirect, punitive, incidental,
special, consequential damages or any other damages resulting from:
(a) the use or the inability to use the Services; (b) unauthorized
access to or alteration of the user’s transmissions or data; (c) 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 Website
or Service. Neither shall Galileo Telescope Makers
be responsible for the delay or inability to use the
Website or related services, the provision of or failure to provide
Services, or for any information, software, products, services and
related graphics obtained through the Website, or otherwise arising
out of the use of the website, whether based on contract, tort,
negligence, strict liability or otherwise. Further, Galileo
Telescope Makers shall not be held
responsible for non-availability of the Website during periodic
maintenance operations or any unplanned suspension of access to the
website that may occur due to technical reasons or for any reason
beyond Galileo Telescope Makers ‘s
control. The user understands and agrees that any material and/or
data downloaded or otherwise obtained through the Website is done
entirely at their own discretion and risk and they will be solely
responsible for any damage to their computer systems or loss of data
that results from the download of such material and/or data.
Indemnification:
You agree to indemnify, defend and hold harmless Galileo
Telescope Makers from
and against any and all losses, liabilities, claims, damages, costs
and expenses (including legal fees and disbursements in connection
therewith and interest chargeable thereon) asserted against or
incurred by Galileo Telescope Makers that arise out of, result
from, or may be payable by virtue of, any breach or non-performance
of any representation, warranty, covenant or agreement made or
obligation to be performed by you pursuant to these Terms.
Pricing:
Prices for products are described on our Website and are
incorporated into these Terms by reference. All prices are in Indian
rupees. Prices, products and Services may change at Galileo
Telescope Makers discretion.
Shipping:
Title and risk of loss for all products ordered by you shall
pass on to you upon Galileo Telescope Makers shipment to the
shipping carrier.
Termination:
a) Galileo Telescope
Makers may suspend or
terminate your use of the Website or any Service if it believes, in
its sole and absolute discretion that you have breached a term of
these Terms.
b) Notwithstanding Section 15.1 above,
these Terms will survive indefinitely unless and until Galileo
Telescope Makers chooses to terminate
them.
c) If you or Galileo Telescope Makers
terminates your use of the Website or any Service,
Galileo Telescope Makers
may delete any content or other materials relating to your
use of the Service and Galileo Telescope Makers will have no liability to
you or any third party for doing so.
d) You shall be
liable to pay for any Service or product that you have already
ordered till the time of Termination by either party whatsoever.
Further, you shall be entitled to your royalty payments that has or is legally deemed accrued to
you.
Governing
Law:
These terms shall be governed by and constructed in
accordance with the laws of India without reference to conflict
of laws principles and disputes arising in relation hereto shall be
subject to the exclusive jurisdiction of the courts at Mumbai
India.
Headings:
The headings and subheadings herein are included for convenience
and identification only and are not intended to describe, interpret,
define or limit the scope, extent or intent of the Terms or the
right to use the Website by you contained herein or any other
section or pages of the Website or any Linked Sites in any manner
whatsoever.
Interpretation
Of Number And Genders:
The Terms herein shall apply equally to
both the singular and plural form of the terms defined. Whenever the
context may require, any pronoun shall include the corresponding
masculine and feminine. The words "include", "includes" and
"including" shall be deemed to be followed by the phrase "without
limitation". Unless the context otherwise requires, the terms
"herein", "hereof", "hereto", "hereunder" and words of similar
import refer to the Terms as a whole.
Severability:
If any provision of the Terms is determined to be invalid or
unenforceable in whole or in part, such 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.
Report
Abuse:
As per these Terms, users are solely responsible for
every material or content uploaded on to the Website. Galileo
Telescope Makers does not review the
contents in any way before they appear on the Website. Galileo
Telescope Makers does not verify,
endorse or otherwise vouch for the contents of any user or any
content generally posted or uploaded on to the Website. Users can be
held legally liable for their contents and may be held legally
accountable if their contents or material include, for example,
defamatory comments or material protected by copyright, trademark,
etc. If you come across any abuse or violation of these Terms,
please report to info@galileotelescope.com
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