aventurine Terms and conditions
Last updated: 20-10-2022
No Unauthorized, Unlawful or Harmful Use of the Program Sites
Each Program Site is only for your use or the use of those authorized by you to access the Program Site on your behalf and you are only authorized to use it in connection with aventurine product and service agreements as determined by your account status but not limited to creative resources directory services or cloud-based media services. You may not use the Program Sites for any other commercial or non-commercial purposes or in any way that:
- Is unlawful or harms aventurine, its customers, suppliers, or other parties, as per aventurine’s sole discretion.
- Breaches any agreement, policy, or other notice applicable to the Program Sites.
- Could damage, disable, overburden, or impair the Program Sites (or any network(s) connected to the Program Sites) or interfere with any other party’s use of the Program Sites.
- Could lead to identification of individual aventurine customers or to the creation, use, or disclosure of information about individual aventurine customers.
Your Account; Changes to Account Settings; User Permissions
Materials You Post or Provide, Communications Monitoring
For information and materials you post or otherwise provide to aventurine via a Program Site that is not subject to the terms of a aventurine product and service agreements, you otherwise grant aventurine and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable license to (1) use, copy, distribute, transmit, make available, publicly display, publicly perform, reproduce, edit, adapt, modify, translate, reformat and create derivative works of your submission in connection with the Program Site and (2) sublicense these rights, to the maximum extent permitted by applicable law. aventurine may remove your submission at any time. For each submission you provide, you represent that you have all rights necessary for you to grant us the rights provided in this section.
You acknowledge that we will communicate with you primarily via email or registered mobile number (RMN) or by posting notifications on the Program Sites. You agree that all agreements, notices, disclosures, and any other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing. To the maximum extent permitted by applicable law, aventurine may monitor any electronic communications you make in connection with the Program Sites and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of aventurine or any third party. You consent to us sending you emails or messages to your RMN, relating to aventurine product and service agreements and other publishing opportunities from time to time. This takes precedence over any directions you may have given us, including through another aventurine web site. You may opt out of these communications at any time.
AVENTURINE PROVIDES EACH PROGRAM SITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE." YOU EXPRESSLY AGREE THAT USE OF THE PROGRAM SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AVENTURINE MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PROGRAM SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE PROGRAM SITE AND DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE PROGRAM SITE WILL BE UNINTERRUPTED OR ERROR-FREE. AVENTURINE DOES NOT WARRANT THAT THE PROGRAM SITE, ITS SERVERS OR E-MAILS SENT ARE ERRORFREE, WILL OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME, OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
You release us and will indemnify, defend and hold harmless aventurine and its affiliates, and their respective officers, directors, employees, and agents against any claim, loss, damage, settlement, cost, expense or other liability (including, without limitation, attorneys’ fees) arising from or related to (a) your breach of any representation or warranty or other obligation contained in this Agreement; or (b) any Submission (together, "Claims"). You will use counsel reasonably satisfactory to us to defend each Claim. If at any time we reasonably determine that any Claim might adversely affect us, we may take control of the defense at our expense. You may not consent to the entry of any judgment or enter any settlement without our prior written consent, which may not be unreasonably withheld.
Termination; Access Restriction
Disputes and Applicable Law
Any dispute or claim relating in any way to your use of any Program Sites will be adjudicated in in accordance with laws of India with exclusive jurisdiction to courts of Chennai, Tamil Nādu, India. We each waive any right to a jury trial.
Interpreting the Terms; Assignment