TERMS OF USE

Agreement between user and https://www.sprigandvine.in

Welcome to https://www.sprigandvine.in. https://www.sprigandvine.in is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of https://www.sprigandvine.in constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Privacy

Your use of https://www.sprigandvine.in is subject to Sprig & Vine’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting https://www.sprigandvine.in or sending e-mails to Sprig & Vine constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via e-mail and on the Site, satisfy any legal requirement that such communications be in writing.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; 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, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Sprig & Vine has no obligation to monitor the Communication Services. However, Sprig & Vine reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Sprig & Vine reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Sprig & Vine reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Sprig & Vine’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Sprig & Vine does not control or endorse the content, messages or information found in any Communication Service and, therefore, Sprig & Vine specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Sprig & Vine spokespersons, and their views do not necessarily reflect those of Sprig & Vine.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials provided to https://www.sprigandvine.in or posted on any Sprig & Vine Web Page

Sprig & Vine does not claim ownership of the materials you provide to https://www.sprigandvine.in (including feedback and suggestions) or post, upload, input or submit to any Sprig & Vine Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Sprig & Vine, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Sprig & Vine is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Sprig & Vine’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

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; 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’s 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, abuse, unethically manipulate or exploit, any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere.

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 Sprig & Vine.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use https://www.sprigandvine.in strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Sprig & Vine that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Sprig & Vine or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Sprig & Vine content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Sprig & Vine and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Sprig & Vine or our licensors except as expressly authorized by these Terms.

Links to Third Party Sites/Third Party Services

https://www.sprigandvine.in may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Sprig & Vine and Sprig & Vine 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. Sprig & Vine is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Sprig & Vine of the site or any association with its operators.

Certain services made available via https://www.sprigandvine.in are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.sprigandvine.in domain, you hereby acknowledge and consent that Sprig & Vine may share such information and data with any third party with whom Sprig & Vine has a contractual relationship to provide the requested product, service or functionality on behalf of https://www.sprigandvine.in users and customers.

Indemnification

You agree to indemnify, defend and hold harmless https://www.sprigandvine.in 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 https://www.sprigandvine.in 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.

Disclaimer Of Warranties/Limitation Of Liability

Sprig & Vine has endeavored to ensure that all the information on the Website is correct, but Sprig & Vine neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Sprig & Vine 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 or Products; (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 Sprig & Vine 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, Sprig & Vine 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 Sprig & Vine’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.

Termination/Access Restriction

Sprig & Vine reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed in accordance with the laws of India and you hereby consent to the exclusive jurisdiction and venue of the courts at Delhi in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sprig & Vine as a result of this agreement or use of the Site. Sprig & Vine’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Sprig & Vine’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Sprig & Vine with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Sprig & Vine with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Sprig & Vine with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

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 Delhi.

Changes to Terms

Sprig & Vine reserves the right, in its sole discretion, to change the Terms under which https://www.sprigandvine.in is offered. The most current version of the Terms will supersede all previous versions. Sprig & Vine encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Sprig & Vine welcomes your questions or comments regarding the Terms. Contact info@sprigandvine.in for all enquiries.

Effective as of March 31, 2017

 

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