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COPYRIGHT: TERMS OF USE AGREEMENT
Welcome to the Creatalog site!
This Terms of Use Agreement ("Agreement") constitutes a legally binding contract between Creatalogue Internet Private Limited ("Creatalog," "we," "us," "our") and you with respect to your use of the Creatalog website, applications, and the products and services offered by Creatalogue Internet Private Limited through them (collectively, the "Site"). It is important that you carefully read and understand the terms and conditions of this Agreement. By using the Site, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, you should not use the Site.
This Agreement provides important information to you, including information about your obligations regarding your content, your extent of access on the Creatalog app, our limitation of liability to you, your agreement to resolve any disputes by individual arbitration and to waive the right to participate in a class action.
We reserve the right at any time to:
• change the terms and conditions of this Agreement, consistent with applicable law;
• change the site or application, including eliminating or discontinuing any Information or Services (defined below) or other features in whole or in part; and
• limit/ deny or terminate your use of and/or access to the Site.
Any changes we make to the terms and conditions will be effective immediately upon our making such changes available on the Site, and posting notice of such changes on the Site or application or in another manner in our reasonable discretion. You agree that your continued use of the Site after such changes constitutes your acceptance of such changes. If you do not agree with any of the updates to the terms of this Agreement, you should not use the Site. Be sure to return to this page periodically to ensure your familiarity with the most current version of this Agreement.
Registration
Access to certain functionalities of the Site will require you to register with and/or provide certain information to Creatalog. If and when you register with or provide information to Creatalog, you agree to (a) provide accurate, current and complete information about yourself as prompted (including your email address), (b) maintain and update your information (including your email address) to keep it accurate, current and complete,(c) ensure that you create accounts as required for your personal and professional requirement only and not for unscrupulous reasons. (d) ensure you do not have multiple accounts.
Professional Profiles
Home improvement professionals, manufacturers, vendors and businesses whose products are listed on the site may elect to register as a seller profile on Creatalog. Subject to the terms of this Agreement, such users can use the features made available by Creatalog to promote their business on the Site.
Privacy Policy
You acknowledge and agree that any personal information provided by you through registration or collected by us in connection with your use of the Site or any Services will be treated in the manner described in our Privacy Policy, which can be found at http://www.creatalog.com/privacyPolicy. Our Privacy Policy is incorporated into this Agreement, and you agree to its terms.
Your Permitted Use of Services and Information
The services made available on the application (collectively called "Services"), as well as any information provided through the application (collectively, called "Information"), are provided for your personal use only as expressly permitted in this Agreement. No Creatalog materials or property may be copied, reproduced, displayed, republished, downloaded, taken snapshots of, posted, digitised, translated, modified, transmitted, distributed or commercially exploited in any way, except as expressly permitted in this Agreement.. You expressly are prohibited from any use of data mining, robots, or similar data gathering and extraction tools in your use of the application. You grant Creatalog use of data collected during your searches, in ways as required by us.
Creatalog does not permit you to upload images, take snapshots or print copies of pictures located on the application unless (a) you retain all trademark, copyright, and other proprietary notices contained in the original materials, (b) you provide attribution to Creatalog, (c) the material is printed in its entirety without modification, reformatting or adaptation of any kind, and (d) any such copies are subject to the terms and conditions of this Agreement and remain your property. You understand and agree that you may not authorise any Information to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any third party other than Creatalog, and you agree that you will take all reasonable steps to prevent any unauthorised reproduction and/or other use of the Information. You agree to advise Creatalog promptly of any such unauthorised use of which you are aware. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks and other proprietary rights of Creatalog or others. Creatalog is permitted to take a decision on your registration in such cases, as it deems fit. USAGE RIGHTS: Usage Rights
Your participation in Creatalog is voluntary; however, by choosing to create portfolios, post photos or comments, send any messages, or otherwise participate in any Creatalog forum, you acknowledge and agree that any postings, messages, text, photos, audio/visual works, information, reviews or content provided by you (collectively, "Content") may be viewed by the general public and will not be treated as private, proprietary or confidential. You hereby grant to Creatalog and the general public using Creatalog, licensees and sublicensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to tag and reference the use of, process, adapt, publicly display, modify, prepare derivative works, publish, transmit and distribute such Content in print and digital copy, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in such Content. Such permission shall be perpetual, for both print and digital copy, and may not be revoked for any reason, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Content posted by you to or through this Site.
You agree that information uploaded by you is free to be posted/ reposted/ repeatedly shared/ visible in different geographies/ used in any form/ interpreted in any form/ tagged for various uses by any/all users in the network of Creatalog and by Creatalogue Internet Private Limited.
Further, with respect to Content in the form of photos, and subject to Creatalog product and user experience considerations: (a) Creatalog will use commercially reasonable efforts to maintain the attribution of such photos as submitted by you. "Creatalog Business Purposes" means any use in connection with a Creatalog-branded or co-branded website, application, publication or service, or any use which advertises, markets or promotes the Site, the Services, the Information, Creatalog, or its affiliates.Creatalog reserves the right of using the content in the form of photos posted by you to suggest to the visitors of Creatalog products which if used will produce an equal or similar look (‘Look’ means aesthetic qualities of the space described through the picture in question). Creatalog reserves the right to suggest materials/ products as it seems fit for the Look. While Creatalogendeavours to replicate the Look in its entirety, it does not guarantee an exact or similar representation of the Look. Creatalog reserves the right to host Looks being posted by third parties, and suggestions of products/ materials made by third parties are to the third partie’s discretion. Creatalog does not hold guarantee to information circulated by third parties.
By posting or providing any Content on the Site, you represent and warrant to Creatalog that you own or have the right to use and permit us to use and license such Content in the manner stated in this Agreement. By way of example and not limitation, if you post or otherwise provide a photograph which includes an image of any person, you need to first obtain permission or a release from such person (or such person’s parent/legal guardian if applicable) appearing in the photograph to use their image and permit us to use and license it as stated in this Agreement and you must be the owner or licensee of the copyright in the photograph, with the right to permit us to use it as stated in this Agreement. By way of further example and not limitation, if you post or otherwise provide a photograph of a pictorial, graphic, sculptural or architectural work that is protected by copyright, you need to first obtain permission or a release from the owner of the copyright in such work to reproduce and adapt their work and permit us to use it as stated in this Agreement and you must be the owner or licensee of the copyright in the photograph, with the right to permit us to use it as stated in this Agreement.Creatalog will not be responsible to copyright theft made at your end. If found guilty, Creatalog will unhost such posts from its website.
Creatalog may enable you to post ratings or reviews of vendors, service providers and/or their products or services on the Site (your "Reviews"). Reviews are considered Content. You may not post any reviews about a vendor, service provider or any of their products or services if you are (a) an employee, contractor, officer or director of the vendor and/or service provider; (b) an employee, contractor, officer or director of a competitor of the vendor and/or service provider; or (c) related to the vendor and/or service provider in any way, including by blood, adoption or marriage. By posting a Review, you acknowledge and agree that such Content:
1. is based upon your first-hand experience with the vendor, service provider or product or service that is the subject of the Review;
2. is accurate, truthful and complete; and
3. is not defamatory, trade libelous, or otherwise in violation of our Acceptable Use Policy below, all as determined by us in our sole and absolute discretion.
You agree not to post or provide any Content that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you first obtain permission to do so, and to grant to us the rights granted in this agreement, from that person (or such person’s parent/legal guardian, if applicable).
Creatalog rates sellers in its own way based upon its own algorithms. You permit Creatalog to rate your registration as Creatalog deems fit. In doing so, you agree to not having any right in challenging Creatalog’s rating in any manner.
If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorise us and our affiliates, licensees and sublicensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason, except as required by the applicable law.
You further agree that we may use the posted or provided Content in any manner that we deem appropriate or necessary. We reserve the right to edit or abridge any Content for any reason, and to edit, refuse to post or remove any Content submitted by you or others. We do not guarantee that we will post all Content submitted or that such content will not be offensive, defamatory or objectionable. Although we reserve the right to remove without notice any Content for any reason, we have no obligation to delete Content that you personally may find objectionable or offensive. We do not control in real time the Content posted via the Services and as such do not guarantee the accuracy, integrity or quality of such Content. In addition to other disclaimers found in this Agreement, we do not endorse or make any warranties or representations with respect to the accuracy, completeness or timeliness of any Content posted on the Site.
Third-Party Links
The application may contain links to other websites (the "Third-Party Sites") for your convenience. We do not control the linked websites or the content provided through such Third-Party Sites. Your use of Third-Party Sites is subject to the privacy practices and terms of use established by the specific linked Third-Party Site, and we disclaim all liability for such use. The fact that we offer such links does not indicate any approval or endorsement by us of any linked Third-Party Site or any material contained on any linked Third-Party Site, and we disclaim any such approval or endorsement. We do not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites.
Creatalog reserves the right to send your lead to any seller which we deem fit. In doing so, you agree to not having the right to challenge Creatalog. Creatalog owns the right to engage in your lead in any manner it deems fit.
Products and Services
You may be provided the opportunity on the application or through the Services to purchase products or services that are offered, sold or manufactured by third parties (collectively "Products"). Such Products may be available for purchase directly from third-parties or from Creatalog.
The availability of any Products on the Site does not imply our endorsement of the Products. Reviews are solely the opinions of the users that post them. None of the Reviews contain or reflect any opinions or views of Creatalog.
We do not represent, warrant or guarantee that the Product descriptions are accurate, complete, reliable, current, or error-free. If a Product bought directly from Creatalog is not as described, then your sole remedy is to return it in unused condition
Creatalog and sellers on the Site strive for accuracy in pricing of the products sold. However, occasional errors or mistakes may cause inaccurate prices to appear on the Site. We have the right to void any purchases that display an inaccurate price.

Acceptable Use Policy and Prohibited Products Policy
When using the Site, you agree to abide by common standards of etiquette and act in accordance with the law, as described further in our "Acceptable Use Policy."
Additionally, if you are a professional, a vendor, or a seller, who is authorized to offer products or services on the Site, you agree to abide by the "Prohibited Products Policy"
Improper use of the Information, Services or Site may result in termination of your access to and use of the Site, and/or civil or criminal liabilities.
Ownership
The Site is owned and operated by Creatalog and its licensers. The Information and Services (and any intellectual property and other rights relating thereto) contained in the website are and will remain the property of Creatalog. The Information and Services are protected by the International copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Site or any Service or Information without our prior written permission. The application, Information, and Services may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorised in writing by Creatalog or, if so indicated in writing by Creatalog, its licensers or suppliers. Use of the application or any Services or Information for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the application or any Services or Information.
The trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are the registered and unregistered trademarks of Ashish Mukherjee, Creatalog licensers and suppliers, and/or others. Creatalog® is a registered trademark of Ashish Mukherjee based in New Delhi, India. Nothing contained in this Agreement or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks without the express written permission of Ashish Mukherjee, Creatalog licensers or suppliers, or the third party owner of any such Trademarks, except as set forth in the following paragraph. Trademarks are our exclusive property, and any goodwill generated by your use of any Creatalog Trademarks will inure to our exclusive benefit. You will not take any action that is in conflict with our rights in or ownership of any our Trademarks.
Feedback
We welcome your feedback and suggestions about how to improve Creatalog. Feel free to submit feedback at [email protected]. By submitting feedback in this or other manner to us, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you.
Term & Termination
This Agreement is effective from the date that you first access the Site or submit any information to Creatalog, whichever is earlier, and shall remain effective until terminated in accordance with its terms. Certain violations of this Agreement, as determined by Creatalog, may result in immediate termination of this Agreement, and/or your access to and use of the Site, without prior notice. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all copies of information that you have obtained from the Site, whether made under the terms of this Agreement or otherwise. All disclaimers, limitations of liability, indemnitees, Creatalog rights of ownership, and licenses to Creatalog shall survive any termination.
We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently the application, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any part of portion thereof. Nothing in this Agreement shall be construed to obligate Creatalog to maintain and support the Site, or any part or portion thereof, during the term of this Agreement.

Indemnification
You agree to fully indemnify, defend, and hold Creatalog, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against (a) any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement, including but not limited to the Acceptable Use Policy and Prohibited Products Policy; (b) any allegation that any materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the Site or other websites to which the Site is linked; and/or (d) your negligent or willful misconduct.
Supplemental Terms for Certain Services
Certain services offered on the Site may require you to enter into a separate agreement and/or be subject to additional terms. For example: placement of advertisements, participation in brand services, offering products for sale in the Marketplace, or use of Site Designer each require you to enter into a separate agreement with terms specific to that service. In the event of any conflict between this Agreement and the terms of that separate agreement, the terms of that separate agreement will control.
Controlling Law and Jurisdiction
This Agreement will be interpreted in accordance with the laws of the New Delhi and India, without regard to their conflict-of-law provisions.
Dispute Resolution
You and Creatalog agree that any dispute, claim or controversy arising out of or relating to this Agreement or to your use of the Site or Services (collectively "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Creatalog each are waiving the right to a trial by jury or to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Creatalog agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form class action proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.

Indemnification
You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Creatalog's request), indemnify and hold the Creatalog Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Creatalog in the defense of any claim. Creatalog reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Creatalog.