Terms of Service
1. Your relationship with Net My Store and Studio 21
1.1. "Net My Store" refers to the Net My Store service, Net My Store platform, Net My Store web application and netmystore.com website, developed by and provided to you by the STUDIO 21 ("Studio 21") whose principal place of business is at 24, Harshit Nagar, Yadav Colony, Jabalpur (M.P.) 482002, India.
1.2. The Net My Store service, Net My Store platform, Net My Store web application and netmystore.com website are referred to collectively as "Services" in this document.
1.3. Your use of the Net My Store Services is subject to the terms ("Terms of Service") of a legal agreement between you and Studio 21. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.4. Any new features or tools which are added to the current Net My Store Services shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at: http://netmystore.com/terms/
1.5. In using the Net My Store Services, you (The User) are deemed to have accepted the terms and conditions listed below.
1.6. Studio 21 reserves the right to add, delete, alter or modify these terms and conditions at any time. The User is therefore advised to read carefully these terms and conditions each time he or she uses the Services.
2. Account Terms
2.1. You must be 18 years or older to use the Net My Store Services or have the consent of a parent or legal guardian.
2.2. You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the account signup process.
2.3. You are responsible for keeping your password secure. Studio 21 cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
2.4. You may not use the Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of India and the state of Madhya Pradesh in general and in particular you shall not to host, display, upload, modify, publish, transmit, update or share any information that –
(a) belongs to another person and to which the user does not have any right to;
(b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation
2.5. You are responsible for all activity and content (including but not limited to data, graphics, photos, links) that is uploaded under your Net My Store account ("Account").
2.6. You must not transmit any worms or viruses or any code of a destructive nature.
2.7. A breach or violation of any of the Account Terms as determined in the sole discretion of Studio 21 will result in an immediate termination of your services.
2.8. You may cancel your account anytime by emailing email@example.com. If the account cancellation request is not received at least 15 days prior to the expiration of your current billing period, you will be billed for the next billing period and your account will be terminated only after you have paid all your dues.
3. Content in the Services
3.1. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".
3.2. You agree that you are solely responsible for (and that Studio 21 has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Studio 21 may suffer) by doing so.
3.3. We do not claim any intellectual property rights over the material you provide to the Net My Store Services. All material you upload remains yours.
3.4. By uploading the Content to Net My Store, you agree to allow other internet users to view them and you agree to allow Net My Store to display and store them and you agree that Studio 21 can, at any time, review all the content submitted by you to its Services.
3.5. You retain ownership over all content that you submit to Net My Store Services however, you agree to allow others to view your content.
3.6. Studio 21 does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Service.
4. General Terms
4.1. Studio 21 reserves the right to modify or terminate the Services for any reason, without notice at any time.
4.2. Studio 21 reserves the right to refuse service to anyone for any reason at any time.
4.3. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
4.4. Studio 21 does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
4.5. Studio 21 does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
4.6. The User understands that his / her Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
4.8. Studio 21 may, but have no obligation to, remove Content and Account(s) containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
4.9. Studio 21 does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
4.10. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Net My Store customer, Studio 21 employee, member, or officer will result in immediate account termination.
4.11. Technical support is only provided to paying account holders and is only available via email.
4.12. The failure of Studio 21 to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Studio 21 and govern your use of the Services, superseding any prior agreements between you and Studio 21 (including, but not limited to, any prior versions of the Terms of Service).
4.13. Questions about the Terms of Service should be sent to firstname.lastname@example.org.
5. Billing & Payment
5.1. The service will be billed depending on the subscription that you have opted for while signing up for the Net My Store account.
5.2. When your billing period is about to over, you will be sent an invoice via email. As well, an invoice will appear on your My Account section in the Net My Store website. You can bring up and settle any issues with the next billing before your current billing period expires.
5.3. You must make payment on or before the payment due date. Failure to do so will result in the suspension of Services for your Account and your Account may be terminated.
5.4. Studio 21 does not provide refunds.
6. Modifications to the Services and Prices:
6.1. Prices for using Net My Store are subject to change upon 14 days notice from Studio 21. Such a notice may be provided at any time by posting the changes to the Net My Store website (netmystore.com) or through the administration application (Store Manager) of your Net my Store store via an announcement.
6.2. Studio 21 reserves the right at any time to time to modify or discontinue, the Services (or any part thereof) with or without notice.
6.3. Studio 21 shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
7. Proprietary rights
7.1. You acknowledge and agree that Studio 21 own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Studio 21 and that you shall not disclose such information without Studio 21's prior written consent.
7.2. Unless you have agreed otherwise in writing with Studio 21, nothing in the Terms of Service gives you a right to use any of the Studio 21's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
7.3. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
7.4. Unless you have been expressly authorized to do so in writing by Studio 21, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
8. License from Studio 21
8.1. Studio 21 gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Studio 21 as part of the Services as provided to you by Studio 21 (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Studio 21, in the manner permitted by the Terms of Service.
8.2. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Studio 21, in writing.
8.3. Unless Studio 21 has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
8.4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by Studio 21.
9. Optional Tools
9.1. Studio 21 may provide The User with access to third party tools over which Studio 21 neither monitors nor has any control or input.
9.2. You acknowledge and agree that Studio 21 provides access to such tools ‘as is’ without any warranties, representations or conditions of any kind and without any endorsement. Studio 21 shall have no liability whatsoever arising from or relating to your use of optional third party tools.
9.3. Any use by you of optional tools offered through the site or Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).
9.4. Studio 21 strongly recommends that merchants seek specialist advice before using or relying on certain tools.
10. EXCLUSION OF WARRANTIES
10.1. NOTHING IN THESE TERMS, INCLUDING SECTIONS 11 AND 12, SHALL EXCLUDE OR LIMIT STUDIO 21’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10.2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
10.3. IN PARTICULAR, STUDIO 21, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
10.4. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
10.5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STUDIO 21 OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
10.6. STUDIO 21 FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION OF LIABILITY
11.1. SUBJECT TO OVERALL PROVISION IN PARAGRAPH 10.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT STUDIO 21, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH STUDIO 21 MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(IV) YOUR FAILURE TO PROVIDE STUDIO 21 WITH ACCURATE ACCOUNT INFORMATION;
(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
11.2. THE LIMITATIONS ON STUDIO 21’S LIABILITY TO YOU IN PARAGRAPH 11.1 ABOVE SHALL APPLY WHETHER OR NOT STUDIO 21 HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
11.3. IN NO EVENT SHALL STUDIO 21 BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). YOU AGREE TO INDEMNIFY AND HOLD STUDIO 21 AND (AS APPLICABLE) OUR PARENT, SUBSIDIARIES, AFFILIATES, NET MY STORE PARTNERS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
12. Other content
12.1. The Services may include hyperlinks to other web sites or content or resources. Studio 21 may have no control over any web sites or resources which are provided by companies or persons other than Studio 21.
12.2. You acknowledge and agree that Studio 21 is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
12.3. You acknowledge and agree that Studio 21 is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
13. Applicable Law
Use of the Net My Store Services shall in all respects be governed by the laws of the state of Madhya Pradesh, India, regardless of the laws that might be applicable under principles of conflicts of law. You agree that the Madhya Pradesh courts located in Jabalpur, Madhya Pradesh, India, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.
December 21, 2011