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Terms and Conditions

Welcome to www.Pickmyphotographer.com. ,the Pickmyphotographer website. www.Pickmyphotographer.com is a website hosted by Canvera Digital Technologies Private Limited (“Canvera”) that takes pride in connecting Professional Photographers with event hosts i.e. Consumers. The services offered on this website would include services provided by Canvera on www.Pickmyphotographer.com or any of Canvera’s other domains.

These Terms and conditions ("herein after referred to as Acceptable Use Policy "AUP"”)set forth the legally binding terms for your use of Pickmyphotographer whether as a Visitor or as a User of this website. You must be legally competent to enter into this Agreement.

Users include Photographers and Consumers who use the website and Visitors include anyone visiting the website with an intent to view or eventually use the website.

By accessing Pickmyphotographer either through the website, mobile site, mobile app or any other electronic device, you acknowledge, accept and agree to the following terms of the AUP, which are designed to make sure that Pickmyphotographer works for everyone. We do not render any advice, certifications, guarantees or warranties relating to the Products and / or Services which we make available on this website. By accepting this AUP, you are also accepting and agreeing to be bound by the Privacy Policy and the Listing Policy.

If you do not agree to this AUP, please do not use the Pickmyphotographer site and the Canvera Services or website.

We reserve the right at any time to change all or any part of this Agreement; change the Products and/ or Services being provided on Pickmyphotographer, including by eliminating or discontinuing any content on or feature of the Canvera Service; and change any fees or charges for use of the Canvera Services.Any changes we make will be effective immediately upon such changes being made. You are responsible for checking updates to these Terms and Conditions and your continued use of the Service will be deemed acceptance of such changes. Upon Our request, you agree to sign a non-electronic version of this Agreement.

1.Using Pickmyphotographer

1.1You agree and understand that www.Pickmyphotographer.com is an intern enabled electronicplatform that facilitates communication for the purposes of advertising and distributing informationpertaining to services provided by photographers and videographers While interacting with other userson our site, with respect to any listing, posting or information we strongly encourage you to exercisereasonable diligence as you would in traditional off line channels and practice judgment and commonsense before committing to or complete intended sale, purchase of any goods or services or exchange of information.

1.2While making use of Pickmyphotographer classifieds and other services interalia, you will post in the appropriate category or area and you agree that your use of the Site shall be strictly governed by this AUP including the policy for listing of your Classified which shall not violate the prohibited and restricted items policy (herein after referred to as the Listing Policy.) (Listing Policy) The listing policy shall be read as part of this AUP and is incorporated in this AUP by way of reference:

a)"Your Information" is defined as any information you provide to us or other users of the Site during the registration, posting, listing or replying process of classifieds, in the feedback area (if any), or in the course of using any other feature of the Services. You agree that you are the lawful owner having all rights, title and interest in your information, which you have the right to publish in public and further agree that you are solely responsible and accountable for Your Information and that we act as a mere platform for your online distribution and publication of Your Information. You agree that you have obtained requisite permissions/ approvals from consumers to display/ exhibit on our website their photos/ videos which have been photographed/ videographed by you. We are not responsible to obtain such permission from your customers. By uploading or submitting any information to which you don’t have the copyrights or the right to publish, you may attract legal liabilities.

b)You agree that you will comply with all domestic and international laws and statutes regarding your use of Pickmyphotographer.

c)You agree that your listing, posting and / or Information :

-shall "not be fraudulent, misrepresent, mislead or pertain to the sale of any illegal, counterfeit, stolen goods and / or services;

-shall not pertain to goods , services of which you are not the lawful owner or you do not have the authority or consent to 'list' which do not belong to you or you do not have the authority for;

-shall not infringe any intellectual property, trade secret, or other proprietary right or rights of publicity or privacy of any third party;

-shall not be obscene, shall not contain nudity andpornography or contain "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.

-shall not distribute or contain spam, multiple / chain letters, or pyramid schemes in any of its forms;shall not distribute viruses or any other technologies that may harm Pickmyphotographer or the interests or property of Pickmyphotographer users or impose an unreasonable load on the infrastructure or interfere with the proper working of Pickmyphotographer;

-shall not involve commercial activities such as contests, etc without our prior approval.

-shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any goods and services, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

-shall not be placed in a wrong category or in an incorrect area of the site;

-shall not list or post or pertain to information that is either prohibited or restricted under the laws of the Republic of India and such listing, posting or information shall not violate Pickmyphotographer's Listing Policy.

d)You agree that by posting / submitting any information on Pickmyphotographer, you are providing a non-excusive, royalty free, worldwide licence to display, sub-licence, use, modify and distribute your User content through any media.

e)You agree and understand that Pickmyphotographer does not provide any guarantee on the quality of service provided by the photographers and strongly encourages you to interview them, perform your due diligence and ensure that they are right for your needs. Availing of services from the photographers shall be at your own risk.

f)You agree that you are responsible to incur any costs towards equipment and internet connections required to visit or use Pickmyphotographer.

1.3This website may have links to other websites which may not be controlled by us. You are required to review their terms and conditions and privacy policy before you proceed to utilize their services.

1.4All contents on this website are shared by users who have agreed to display these contents. In the event that there is any objection to the contents, please write to info@Pickmyphotographer.com and we will address the same.

2.Eligibility

Use of www.Pickmyphotographer.com either by registration or by any other means, is available only to persons, , who are 18 yrs of age and above and persons who can enter into a legally binding contract, and or are not barred by any law for the time being in force. If you access Pickmyphotographer.com, either by registration on the Site or by any other means, not as an individual but on behalf of a legal entity, you represent that you are fully authorized to do so and the listing, posting or information placed on the site on behalf of the legal entity is your responsibility and you agree to be accountable for the same to other users of the Site.

3.Fees and payments

We would offer some services related to featured listings, premium listings, etc. Fee details and Payment details will be communicated when you sign up for such fee based services and you will be subject to some additional terms that shall supplement these Terms and Conditions.

4.Privacy Policy and Intellectual Property

We will vigorously protect your privacy and intellectual property. Your pictures, designs and personal information will always be your property only used by us to provide you this service. However, your use of our services has to be within the limits of the law and we retain the right to take action for any actions taken by you that are not within the limits of law.

Photographers listed on the website agree that they may receive mails/ calls for enquiries from Canvera, other users/visitors at mail ids / numbers provided by them. Personal information provided by consumers will remain confidential , however , it will be disclosed to the provider of the services to fulfil the requirements as per your enquiries placed with us. Consumers agree that they may receive mails and calls from Canvera/ Photographers listed with us.

Users agree that we may be bound to disclose their personal information during the course of any legal proceedings as required by law and cannot refuse to provide the same.

You are required to have complete control over your user id and password and not share the same with anyone. If you lose control over your user id and password on this website, you should immediately change your password.

5.Abuse of Pickmyphotographer

You agree that you will not copy, publish, sublicence, distribute, any Third Party content on Pickmyphotographer or impersonate any other user. You agree that you will also not copy, distribute, modify , display elsewhere the content that other Users have placed on Pickmyphotographer.You agree to inform us if you come across any listing or posting that is offensive or violates our listing policy or infringes any intellectual property rights to info@Pickmyphotographer.com, this will enable us to keep the site working efficiently and in a safe manner. We reserve the right to take down any posting, listing or information and or limit or terminate our services and further take all reasonable technical and legal steps to prevent the misuse of the Site in keeping with the letter and spirit of this AUP and the listing policy. In the event you encounter any problems with the use of our site or services you are requested to report the problem to info@Pickmyphotographer.com.

6.Violations by User

You agree that in the event your listing, posting or your information violates any provision of this AUP or the listing policy, we shall have every right to terminate and or suspend your membership of the Site and refuse to provide you or any person acting on your behalf, access to the Site. You are solely responsible for your interactions with other users of pickmyphotographer.com

7.Content

The Site contains content that includes your Information, Pickmyphotographer information and information from other users. You agree not to copy, modify, or distribute such content (other than Your Information), Pickmyphotographer's copyrights or trademarks. When you give us any content as part of Your Information, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to use, reproduce, publish, translate, distribute, perform and display such content (in whole or part) worldwide through the Site as well as on any of our affiliates or partners websites, publications and mobile platform. We need these rights with respect to the content in Your Information in order to host and display your content. If you believe that there is a violation, please notify us at info@Pickmyphotographer.com.

We respect the intellectual property of others, and we ask you to do the same. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may, in our sole discretion, investigate the allegation and/or edit, remove or request the removal of such Content. Notwithstanding the foregoing, we do not ensure that any such content will be edited or removed. However, we may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of repeat infringers.

Proprietory rights - We own all right, title and interest in and to the Services and all materials contained in the Services provided by Pickmyphotographer and Canvera, including, without limitation, our Site designs, logos, button icons, images, digital downloads, data compilations, text, and graphics that are protected by copyright, trademark and other intellectual property laws except for the Content uploaded by the users in which ownership still lies with the user who uploads such photos or images. Any unauthorized use of the materials provided as part of the Pickmyphotographer and related services by Canvera is strictly prohibited.

Pickmyphotographer acknowledges consents and agrees to protect your Intellectual Property in all the content submitted by you on our website.

Users are not allowed to electronically copy and to print hard copy of portions of the Site. Any other use of materials on the Site, including modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of our authorized authority is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the Content contained therein without prior written permission of our authorized authority. You further agree that you will not resort to artificially increase the number of reviews and views.

Our service marks/trademarks may not be used in connection with any product or service that is not provided or authorized by us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.

8.Liability

You agree not to hold www.Pickmyphotographer.com or any of its officers, employees, agents responsible or accountable for any of your listing, postings or information and nor shall we, our officers, employees or agents be liable for any misuse, illegal activity of the content / information shared by you. , You understand and agree that we do not guarantee the accuracy or legitimacy of any listing, posting, and information by other users. You further agree that we are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the site or as a result of any sale, purchase of goods and services with other users of the site. We also cannot guarantee continuous or secure access to our Services. Accordingly, to the extent legally permitted, we exclude all implied warranties, of merchantability, fitness or quality of the Site and our services.Accordingly, Users are required to complete their own due diligence of each other prior to engagingwith other Users of this website. Liability of Pickmyphotographer if at all, will be limited to the amount paid by you to Pickmyphotographer.

9.Disputes

Disputes if any will be under the jurisdiction of courts of Bangalore. You agree to indemnify Pickmyphotographer for any claims, obligations, legal costs, obligations having to be incurred by us and payable to any third party due to your use of Pickmyphotographer.

10.Personal Information

By using Pickmyphotographer.com, you agree to the collection, transfer, storage and use of any personal information provided by you on the Site by Pickmyphotographer. We may update this AUP or the listing policy at any time and may notify you of such updates via a post on the boards and /or through email communications. The modified AUP and /or Listing Policy shall come into effect either at the time you place your next posting, listing or information on the Site or after a period of 30 days from the date of the update, whichever is sooner. If we or our corporate affiliates are involved in a merger or acquisition, we may share personal information with another company, but this AUP shall continue to apply.

11.Third Party Content and Services

Pickmyphotographer.com may provide, on its site, links to sites operated by other entities. If the user decides to view this site, they shall do so at their own risk, subject to that site's terms and conditions of use and privacy policy that may be different from those of this site. It is the user's responsibility to take all protective measures to guard against viruses or other destructive elements they may encounter on these sites. Pickmyphotographer makes no warranty or representation regarding, and do not endorse any linked website or the information appearing thereon or any of the products or services described thereon.

Further, user's interactions with organizations and/or individuals found on or through the service, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the user and such organization and/or individual. The user should make whatever investigation they feel necessary or appropriate before proceeding with any offline or online transaction with any of these third parties.

12.Indemnity

The User agrees to indemnify and hold Pickmyphotographer, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content submitted by the user, users use of the service, breach by the user of any of the representations and warranties herein, or user's violation of any rights of another.

13.Applicable law

This site is created and controlled by Canvera. The laws of India shall apply and courts in Bangalore shall have jurisdiction in respect of all the terms, conditions and disclaimers.

14.Force Majeure

Pickmyphotographer.com shall have no liability to the user for any interruption or delay, to access the Site irrespective of the cause.

15.Entire Agreement

This Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of this agreement.