The following is an agreement between you and Jenson & Nicholson India Ltd., also referred to as ‘JNpaints’ or ‘J&N’ in the document. The website of Jenson & Nicholson (I) Ltd is hereby mentioned in the documents as ‘JNpaints Website’ or ‘JN Paints portal’ or as ‘JN Paints Site’. This Agreement setforth the legally binding terms of your use of the jnpaints.com website at its services located at URL www.jnpaints.com, (also www.jensonnicholson.com and www.jnpaints.in)
1. Your Acceptance
2. JNpaints Website
The JNpaints Website is subject to the laws governing the Republic of India.
Our sites include a combination of content that we create, that our partners or licensors or associates create, and that our users create. All materials published on our sites, including, but not limited to videos, images, games, softwares, advertisements, written content, photographs, graphics, illustrations, marks, logos, sound clips, and Flash animation, are protected by our copyrights or trademarks or those of our partners or licensors or associates. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our sites in whole or in part. If you would like to request permission to use any of the content on our sites, please review our copyright notice.
Our site contains content that we create as well as content provided by third parties. This content includes, among other things, product reviews, white papers and other information. It also includes information about products and services offered by parties such as product descriptions, specifications, pricing, availability, and performance. We do not guarantee the accuracy, the integrity, quality of the content or email content and services on our sites, and you may not rely on any of this content. Without limitation, we are not responsible for user contributed contents or postings by users in the user opinion, message board, or feedback sections or other sections of our sites.
3. Provisions governing your access and use of JNpaints Website
A) JNpaints hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial, legal, ethical and non-vindictive, non-discriminatory and non-racial use; (ii) you will not copy, broadcast, download, distribute, store (in any medium), transmit, show or play in public, adapt or change in any way the content of www.jnpaints.com web pages for any other purpose whatsoever without the prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose, subject to restrictions by JNpaints at any time either prior to or after the use, without assigning any reasons whatsoever; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
B) In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify JNpaints immediately of any breach of security or unauthorized use of your account. Although JNpaints will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of JNpaints or others due to such unauthorized use. In consideration of your use of the Website and Services, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly to keep it accurate, current and complete. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the Site and/or the Services. You are responsible for maintaining the confidentiality of your password, and agree not to transfer your use of or access to the Site or Services to any third party. You may not use anyone else's password. You are fully responsible for all activities that occur under your password or user name, including, without limitation, purchases. You agree to (a) immediately notify us of any unauthorized use of your password or user name or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with all of the foregoing obligations.
C) JNpaints reserves the right, in its sole discretion, to reject, refuse to post, modify or remove any Content (including private messages) posted by you, or to restrict, suspend, or terminate your access to all or any part of the JNpaints Website at any time, for any or no reason, with or without prior notice, and without liability. JNpaints expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of the JNpaints Website if JNpaints determines, in its sole discretion, that you pose a threat to JNpaints and/or its Users.
D) You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the JNpaints servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, JNpaints grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. JNpaints reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions (defined below).
E) Use of and membership in the JNpaints Website is void where prohibited. By using the JNpaints Website, you represent and warrant that (a) you are 18 years of age or above (b) your use of the JNpaints Website does not violate any applicable law or regulation.
If you are less than 18 years or incompetent or insane, your parent and guardian will be liable for the consequences of the risk associated with the viewing of JNpaints.
G) The JNpaints Website including the services provided on the Website are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by JNpaints. Illegal and/or unauthorized use of the JNpaints Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the JNpaints Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the JNpaints services.
H) JNpaints has the right to terminate your access to the Website, in its sole discretion, immediately and with or without cause.
I) JNpaints may organize or conduct contests, competitions, or events on its website, solely or with any third-party / parties or act as a facilitator for contests, competitions, or events organized solely by third-party / parties. Below mentioned are the terms for participants/viewers who shall view or enter these contests, competitions, or events.
i. If a contest, competition or event is organized by us on the JNpaints Website; it shall be governed by the terms stated herein in addition to other terms and conditions which may be specifically applied per contest, competition or event. JNpaints employees, relatives, affiliates, and friends cannot participate in any contest, competition or event and shall stand disqualified with immediate effect even if participated and shall be liable to return the prize or benefit received and at our sole discretion pay penalty, damages and compensation and indemnify us against any claims, expenses or liability from any person, entity or third party by this act or omission of the employees or relatives.
ii. Some of the contest, competition, event, or services require you to pay a charge or fee, as described in the specific conditions included where those contest, competition, event, or services are offered. You agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in Indian Rupees. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
iii. All taxes, levies, cesses or statutory claim for the charge or fee paid to us or for contest competition or complimentary gifts and prizes shall be borne and paid by you, whether past, present or future, including penalties or claims on any nature whatsoever. All contest, competition and complimentary shall be inclusive of taxes, stamp duty, registration charges, levies, cesses and fees of lawyers engaged by us and administrative charges.
iv. For all contest, competition and complimentary, you will be liable for compliance under all laws. Non compliance by you of any law shall entitle us return of any prize or gifts and indemnification against any claims, expenses or liabilities by any person, entity or third party including statutory authorities.
v. By entering the contest, competition, or event , the entrant accepts these Terms & Conditions:
• Entry to the contest, competition, or event is void where prohibited.
• The decision of JNpaints will be final and binding in case of any dispute.
• JNpaints reserves the right to withdraw or alter any of the terms and conditions of the contest, competition, or event at any time without prior or any notice.
• JNpaints shall not indemnify or be liable to the entrant for any loss, cost, compensation, expense, liability or damage whatsoever that may be suffered, anticipated or claimed for any reason including but not limited to personal injury as a result of participating in any contest, competition, or event.
• The entrant to contest, competition, or event shall forfeit the gifts, if the gifts are not claimed within 7 days from the date of redemption.
• The point or gift or any other offer provided are non-transferable.
• JNpaints will not be liable for any warranty or guarantee for the gifts for defects or use or otherwise.
• The point or gift or any other offer cannot be exchanged / redeemed for cash or kind. No cash claims can be made in lieu of the gifts or point.
• The actual gifts may vary in appearance from the images provided on the site www.jnpaints.com, represented and the gifts are subject to change depending on availability.
• The entrant waives any and all rights of claim with regards to the contest, competition, or event against JNpaints.
• All disputes are subject to the exclusive jurisdiction of courts of Gurgaon, Haryana.
• Contest, competition, or event is open only to Indian Nationals residing in India.
• Employees, affiliates, relatives and family members of JNpaints, will not be eligible to participate in the contest, competition, or event.
• Contest, competition, or event is subject to additional terms and conditions as maybe published on JNpaints.
• JNpaints reserves the right to change the terms applicable to the contest, competition, or event, including, but not limited to, service name, requirement of service name, criteria for winning, applicable rules, applicable validation, calculation of points or gifts declared in the manner which may be detrimental or otherwise to the entrant of contest, competition, or event in the manner it deems fit at JNpaints’s sole discretion with or without notice.
• JNpaints is not liable for the cost and consequences arising from the gift.
• JNpaints is entitled to discontinue contest, competition, or event at any time with or without notice.
• The terms and conditions of contest, competition, or event are governed by Laws of India.
vi. Apart from the contests, competitions or events organized directly by JNpaints, we may allow any third-party/parties to hold contests, competitions or events on JNpaints Website. The terms, rules and conditions for these contests, competitions or events will be decided by the third-party/parties and JNpaints will not interfere with the same. JNpaints will only act as a facilitator for these contests and no participant or otherwise can hold JNpaints responsible or claim relief in case of any dispute or scenarios arising from contests, competitions, or events organized solely by the third-party/parties for which JNpaints acts as a facilitator.
J) All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on our sites belonging to any person, entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to us. You irrevocable confirm and undertake that we shall not be liable for any claims, expenses and liabilities for display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on our sites under license or rights or affiliation with the said person, entity or third party.
L) By becoming a Member of the Site / JNpaints Service, you agree to receive certain specific emails from JNpaints, for which you do not have the option to opt-out till you are a registered member of JNpaints or you unregistered yourself from any Newsletter program that you opted for.
M) We accept major credit cards, and the credit card holder must be the purchaser of the products offered on the web site. Your credit card will be debited when you click on the confirm button. If you do not have a credit card, you may choose to pay in cash while visiting one of our offices.
N) All colours displayed on the website are subject to variation based on the resolution of the computer. JNpaints is not liable for any shade variations.
4. Intellectual Property Rights
The content on the JNpaints Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to JNpaints, subject to copyright and other intellectual property rights under the laws of India and conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners and JNpaints. JNpaints reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the JNpaints Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the JNpaints Website or the Content therein.
YOU AGREE THAT YOUR USE OF THE JNPAINTS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, JNPAINTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. JNPAINTS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE JNPAINTS WEBSITE. JNPAINTS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT, DISPLAY, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE JNPAINTS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND JNPAINTS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF CONTENT, DISPLAY, PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
INCLUSION OF ANY LINKED WEBSITE ON THE JNPAINTS WEBSITE DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE BY JNPAINTS. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. JNPAINTS TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS WHICH ARE POSTED ON THE JNPAINTS WEBSITE OR THROUGH THE JNPAINTS SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY ITS ADVERTISERS. JNPAINTS IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE JNPAINTS SERVICES. JNPAINTS ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER OR MEMBER COMMUNICATION. JNPAINTS IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE JNPAINTS SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION IN CONNECTION WITH THE JNPAINTS SERVICES. UNDER NO CIRCUMSTANCES SHALL JNPAINTS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE JNPAINTS SERVICES, ATTENDANCE AT A JNPAINTS EVENT, FROM ANY CONTENT POSTED ON OR THROUGH THE JNPAINTS SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE JNPAINTS SERVICES, WHETHER ONLINE OR OFFLINE. THE JNPAINTS SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND JNPAINTS EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. JNPAINTS CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE JNPAINTS SERVICES.
WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, THE FAILURE TO STORE, THE MISDELIVERY, OR THE UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. WE DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL, SERVICES AND QUALITY OF SERVERS, GAMES, PRODUCTS, SERVICES OR SITES, CANCELLATION OF COMPETITION AND PRIZES. WE DISCLAIM ANY RESPONSIBILITY FOR, AND IF YOU PAY FOR OR SUBSCRIBE TO ONE OF OUR CHARGE OR FEE-BASED SERVICES YOU WILL NOT BE ENTITLED TO A REFUND AS A RESULT OF, ANY SERVICE OUTAGES THAT ARE CAUSED BY OUR MAINTENANCE ON THE SERVERS OR THE TECHNOLOGY THAT UNDERLIES OUR SITES, FAILURES OF OUR SERVICE PROVIDERS (INCLUDING TELECOMMUNICATIONS, HOSTING, AND POWER PROVIDERS), COMPUTER VIRUSES, NATURAL DISASTERS OR OTHER DESTRUCTION OR DAMAGE OF OUR FACILITIES, ACTS OF NATURE, WAR, CIVIL DISTURBANCE, OR ANY OTHER CAUSE BEYOND OUR REASONABLE CONTROL.
WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU ACCESS, DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION, COMPETENCE, ACCEPTANCE AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS OR LICENSORS OR ASSOCIATES MAKES ANY WARRANTY THAT (I) OUR SITES WILL MEET YOUR REQUIREMENTS, (II) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR OR LICENSORS OR ASSOCIATES MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
8. Limitation of Liability
IN NO EVENT SHALL JNPAINTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE JNPAINTS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY/OWNER OF JNPAINTS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT JNPAINTS SHALL NOT BE LIABLE FOR USER SUBMISSIONS, CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE WEBSITE IS CONTROLLED AND OFFERED BY JNPAINTS FROM ITS FACILITIES IN THE INDIA. JNPAINTS MAKES NO REPRESENTATIONS THAT THE JNPAINTS WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE JNPAINTS WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
You agree to defend, indemnify and hold harmless JNpaints, its parent company/corporation/firm, subsidiary company/corporation/firm, associate, affiliates, partners, corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the JNpaints Website;(ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the JNpaints Website.
10. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by JNpaints without restriction.
Use of our sites is subject to existing laws and legal process. Any by you of the terms or the laws may result in severe civil and criminal penalties initiated against you. Violators will be prosecuted to the maximum extent possible. All rights reserved. Any rights not expressly granted herein are reserved. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our sites. Contact firstname.lastname@example.org with problems or questions, as appropriate.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or these Terms must be filed within one (1) month after such claim or cause of action arose or be forever barred.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
We restrict and reserve our right to further moderate/ restrict/ ban the use of our Services, specifically to you or generally, in accordance with our policy/ policies from time to time, at our sole discretion and without any notice.
Last Revised: December 2, 2010
JN Paints respects the privacy of its users and is committed to protect it in all respects.
JN Paints ("JN Paints") recognizes that its customers, visitors, users, members and others who use www.jnpaints.com or other web sites owned or operated by JN Paints (the "JN Paints Sites") (collectively or individually "Users") value their privacy. This Privacy Notice details important information regarding the use and disclosure of User information collected on the JN Paints Sites. JN Paints provides this Privacy Notice to help you make an informed decision about whether to use or continue using the JN Paints Sites.
TYPE OF INFORMATION COLLECTED BY JN PAINTS ABOUT OUR USERS / MEMBERS
• User Provided Information: We may collect and store certain personally identifiable information (such as your name and email address) or otherwise (such as demographic information), which you voluntarily supply to JN Paints while on the site or when responding via e-mail in connection with features provided on the site or choosing to participate in various activities on the JN Paints Sites such as posting messages in our forums or in other comments section, entering contests or sweepstake on the site, taking advantage of promotions, responding to surveys, signing up for certain features on the site, information contained in your search requests or questions that you submit on the site or subscribing to newsletters or other mailing lists or posting other types of suitable content. JN Paints may also collect other information such as about your interests, biographical information which the site may use to serve you better according to the data provided. If you decline to supply or provide us with certain information while using the Site, you may not be able to use or participate in some or all of the features offered through the Site.
• Cookies Information: When you visit the JN Paints Sites, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. JN Paints uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the JN Paints Sites may not function properly if the ability to accept cookies is disabled.
• Log File Information: When you use the JN Paints Sites, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
• Clear GIFs Information: When you use the JN Paints Sites, we may employ "clear GIFs" (a.k.a. Web Beacons) which are used to track the online usage patterns of our Users anonymously (i.e., in a non-personally-identifiable manner). In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened by recipients.
HOW WE MAY USE THIS INFORMATION
• If you submit personally identifiable information to us through the JN Paints Sites, then we use your personal information to operate, maintain, and provide to you the features and functionality of the JN Paints Sites.
• We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may provide our advertisers with information about you and other visitors that will enable our advertisers to better target ads to specific types of visitors. We reserve the right to use and to disclose to third parties all of the information that we collect online about you and other visitors in any way and for any purpose, with one important exception viz. We will not use the information that we collect online from you while you are using the Site, nor will we authorize third parties to use such information, to mail or email promotional offers directly to you unless you have specifically informed us that you would like to receive promotional offers from us and/or from third parties. If you choose to receive these promotional offers, then your information may be used for direct mail or email marketing. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major JN Paints Site changes or for customer service purposes).
• We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous User usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the JN Paints Sites and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User/member preferences and trends.
• Please also note that as our business grows, we may buy or sell various assets. In the unlikely event that we sell some or all of our assets, or our Site is acquired by another company, information about our visitors may be among the transferred assets.
WHEN JN PAINTS DISCLOSES INFORMATION
• We do share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the JN Paints Site.
• We may release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and central laws (such as Copyright Law of India) or respond to a court order, an order from any governing body or statutory authority, subpoena, or search warrant.
To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.
Please contact JN Paints with any questions or comments about this Privacy Notice, your personal information, your consent, or your opt-in or opt-out choices by mailing to email@example.com
THIRD-PARTY ADVERTISERS, LINKS TO OTHER SITES
JN Paints does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. However, please note that if an advertiser asks JN Paints to show an advertisement to a certain audience (for example, men ages 18-34) or audience segment and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. The advertiser may also use information regarding your use of the JN Paints Sites, such as the number of times you viewed an ad (but not any personally identifiable information), to determine which ads to deliver to you. When you register with JN Paints, we contact you from time to time about updation your content to provide features which we believe may benefit you.
OUR COMMITMENT TO DATA SECURITY
JN Paints uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to JN Paints and you do so at your own risk. Once we receive your transmission of information, JN Paints makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If JN Paints learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. JN Paints may post a notice on the JN Paints Sites if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us at firstname.lastname@example.org.
OUR COMMITMENT TO CHILDRENS' PRIVACY
Protecting the privacy of young children is especially important. For that reason, JN Paints does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on the JN Paints Sites from persons under 18 years of age, and no part of our website is directed to persons under 18. If you are under 18 years of age, then please do not use or access the JN Paints Sites at any time or in any manner. If JN Paints learns that personally identifiable information of persons less than 18 years of age has been collected on the JN Paints Sites without verified parental consent, then JN Paints will take the appropriate steps to delete this information.
SPECIAL NOTE TO INTERNATIONAL USERS
IN THE EVENT OF MERGER, SALE, OR BANKRUPTCY
In the event that JN Paints is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
CHANGES AND UPDATES TO THIS PRIVACY NOTICE
This Privacy Notice may be revised periodically and this will be reflected by the "effective date" below. In general, we only use your personal information in the manner described in the Privacy Notice in effect when we received the personal information you provided. Your continued use of the JN Paints Sites constitutes your agreement to this Privacy Notice and any future revisions.
We reserve the right at any time to: change the terms of this Agreement; change the Services, including eliminating or modifying any content on or feature of the Site; or change/charge any fees or charges for use of the Services.
Any changes we make will be effective immediately on notice, which we may give either by posting the new Agreement on the Site or via electronic mail. Your use of the Services after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure your familiarity with the most current version. You will always be able to tell when the version was last updated by checking the "Last Revised" date in the header of this agreement.
Date Last Revised: This Privacy Notice was last revised on 2nd December 2010.
Contact Information: Please contact email@example.com with any questions or comments about this Privacy Notice
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