Chitra Creations - Digital Photo Editing and Personalized Art Company

Introduction

Welcome to the Chitra Creations Website (“Website”). This website is provided to you by Chitra Creations, LLC ("Chitra Creations"). The Terms of Use govern your use of the Website and the services provided through the Website. By accessing and using this website, you agree to each of the terms and conditions set forth below.

Chitra Creations reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the website following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified.

Please read the following Terms of Use carefully. Please check back periodically for any updates. The last date these Terms of Use were revised is set forth below. If you have any questions regarding these Terms of Service, please contact us at customerservice@chitracreations.com

1. Copyright and Trademarks

All of the content you see and hear on the website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips or text (generally referred to as “Content”), are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Chitra Creations, one of its affiliates or by third parties who have licensed their materials to Chitra Creations. The website and the Content are protected by U.S. and/or foreign copyright laws.

You are not entitled to duplicate, create derivative works of, distribute, display, or perform any Content without the express permission of the owner of that Content. If you would like to request permission to use particular Content, please contact us at legal@chitracreations.com

2. Privacy Policy

Chitra Creations protects the information you provide as set forth in Privacy Policy.

3. User Conduct

You agree to use the website only for lawful purposes. You agree not to take any action that might compromise the security of the website, render the website inaccessible to others or otherwise cause damage to the website, content, servers, networks, networked computers of Chitra Creations and its business partners. You agree not to attempt to access any content that is not intended for you. You agree not to use the website in any manner that might interfere with the rights of third parties. You agree that you shall not impersonate any person or entity.

4. User Comments

We welcome your comments regarding this website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to Chitra Creations shall be and remain the exclusive property of Chitra Creations. Your submission of any such Comments shall constitute an irrevocable assignment to Chitra Creations of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Chitra Creations will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, in all media, in any manner, in whole or in part, without any restriction or responsibilities to you and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials.

5. User Submitted Content

User submitted content includes, but not limited to, text, photos, images, or graphics in any format whatsoever, including, but not limited to, digital photographs in any format and common text or image file types such as .doc, .txt, .pdf, .gif, .tif, jpeg.

As conditions of your use of the Chitra Creations website and services, you agree that:


a.	You shall not upload, post, email, or otherwise transmit any content that is profane, libelous, defamatory, obscene, pornographic (including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations), indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.

b.	You shall not upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.

c.	You shall not manipulate identifiers to disguise the origin of any content transmitted through the Chitra Creations Website.

d.	You shall not use expressions of abuse, offensive language and imagery or any other material that could give rise to any civil or criminal liability under applicable state or federal law, or violating any laws or regulations of any governing body having jurisdiction over Chitra Creations, its affiliates or users or Chitra Creations rule or policy.

Chitra Creations does not want to receive confidential or trade secret information from you via the website. You agree that any material, information, or data you transmit to us or post to the website will be considered non-confidential and not subject to any claim that it is a trade secret. You are solely responsible for the content of any messages and/or images you submit and Chitra Creations assumes no liability for any content submitted by you. If you supply or post any information or material to the website, you guarantee to us that you have the legal right to post such material and that it willnot violate any law or the rights of any person or entity.

We may, but are not obligated to, restrict or remove any and all content from a message that we determine in our sole discretion violates these guidelines or is otherwise harmful to us, other Chitra Creations users or any third party.

You shall always keep a copy of the original text, images or photos. Chitra Creations reserves the right to purge the content shortly after the order is completed. Chitra Creations will not be responsible if you lost the original text, images or photos.

You must provide your actual e-mail address in order to send your content. Any content you submit will be routed through the Internet and you understand and acknowledge that you have no expectation of privacy with regard to any content you submit.

6. User Copyrights

Chitra Creations will take reasonable measures to protect your rights and to protect your photos, images, text or graphics from unauthorized access and display. However, in order for us to provide you with the services you requested, you agree to:


a.	When you post or transmit any Content to us, you are representing that you are the owner of the copyrights to the photos, images, text or graphics you post or transmit to us, or that you have the permission of the copyright owner to post or transmit the photos, images, text or graphics.

b.	When you post or transmit any Content to us, you grant Chitra Creations (and any third parties under Chitra Creation’s direction or control) a nonexclusive worldwide irrevocable license to the Content including the right to display, copy, alter, or use the Content for derivative works within the scope of providing those services you request us to perform.

If you believe your copyright in a work has been violated through the Chitra Creations Website or Chitra Creations’ services, please contact Chitra Creations customer service for notice of claims of copyright infringement at legal@chitracreations.com.

7. Copyrights of Delivered Content

Most of the content delivered by Chitra Creations contains creative work. Chitra Creations owns exclusive worldwide copyright to such work. Chitra Creations grants you a worldwide license to copy, display, or distribute this art work. However, you or any other third party persons or entities are not entitled to resell, alter, or create derivative works of any such content without the express written permission Chitra Creations. If you would like to request such permission, please contact us at legal@chitracreations.com

8. Password Security

If you register to become a Chitra Creations member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.

9. Links to Third-Party Web Sites

Links on the website to third party websites or information are provided solely as a convenience to you. If you use these links, you will leave the website. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Chitra Creations of the third party, the third-party website, or the information contained therein. Chitra Creations is not responsible for the availability of any such websites. Chitra Creations is not responsible or liable for any such website or the content thereon. If you use the links to the websites of Chitra Creations affiliates or service providers, you will leave the website, and will be subject to the terms of use and privacy policy applicable to those websites.

10. Downloading Files

Chitra Creations takes reasonable measures to make sure that files available for downloading are free from infection by harmful computer code, files or programs. However, Chitra Creations cannot and does not guarantee or warrant that files available for downloading through the website will be free of infection by software viruses or other harmful computer code, files or programs.

11. Guarantee and Refund Policy

Practices at Chitra Creations to ensure customer satisfaction are detailed in our Guarantee and Refund Policy.

12. Disclaimer of Warranties

CHITRA CREATIONS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE, THE SERVICE OR THE CONTENT. CHITRA CREATIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEBSITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE WEBSITE. CHITRA CREATIONS DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE OR THE SERVICE WILL BE CORRECTED. CHITRA CREATIONS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE WEBSITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

YOU, THE USER, UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL PHOTO, DIGITAL IMAGE, TEXT OR GRAPHICS TO CHITRA CREATIONS, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE CHITRA CREATIONS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PHOTOS, IMAGES, TEXT OR GRAPHICS, AND ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL.

13. Limitation of Liability

IN NO EVENT WILL CHITRA CREATIONS OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF


i.	THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE, OR THE CONTENT;

ii.	ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE;

iii.	ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, THE SERVICE AND/OR THE CONTENT;

iv.	UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

v.	OR ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICE, OR THE CONTENT, EVEN IF CHITRA CREATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU, THE USER, UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL PHOTO, DIGITAL IMAGE, TEXT OR GRAPHICS TO CHITRA CREATIONS, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE CHITRA CREATIONS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PHOTOS, IMAGES, TEXT OR GRAPHICS, AND ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE CHITRA CREATIONS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

14. Indemnification

YOU UNDERSTAND AND AGREE THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR ON THE WEBSITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CHITRA CREATIONS, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATED COMPANIES, JOINT VENTURES, BUSINESS PARTNERS, LICENSORS, EMPLOYEES, AGENTS, AND ANY THIRD-PARTY INFORMATION PROVIDERS TO THE SERVICE FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS (INCLUDING, BUT NOT LIMITED TO, DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY AND INDIRECT DAMAGES), AND REASONABLE ATTORNEYS’ FEES (INCLUDING ATTORNEY’S FEES INCURRED BY CHITRA CREATIONS TO ENFORCE ITS RIGHT TO INDEMNIFICATION UNDER THIS PARAGRAPH), RESULTING FROM OR ARISING OUT OF YOUR USE, MISUSE, OR INABILITY TO USE THE WEBSITE, THE SERVICE, OR THE CONTENT, OR ANY VIOLATION BY YOU OF THIS AGREEMENT.

15. Termination of Service

Chitra Creations may terminate its service to you through the Chitra Creations website at any time, without notice, for any conduct in violation of this Terms of Use or any other policies or guidelines set forth by Chitra Creations on the Chitra Creations website (the "Policies"). Chitra Creations reserves the right to take all appropriate measures (including but not limited to blocking your access to the Chitra Creations website, removal of posted photos and non-fulfillment of your order) to enforce Chitra Creations' Policies.

16. Right to Disclose

Chitra Creations reserves the right to disclose any information posted by you to the relevant government authorities to satisfy any law, regulation or government request.

17. Resolution of Disputes

By placing an order with Chitra Creations, you agree that any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (follow this link for more information on arbitration rules www.adr.org/sp.asp?id=22440), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The number of arbitrators will be one and the place of arbitration will be Hennepin County, Minnesota, unless the parties mutually agree to another location. The language of the arbitration will be English.

18. Governing Law

The substantive laws of the State of Minnesota law govern the performance, interpretation, and enforcement of these Terms of Use, Chitra Creations’ Privacy Policy, and any other agreement you enter with Chitra Creations. In any arbitration proceeding, Minnesota law shall be applied to determine the rights and obligations of the parties.

19. General Provisions

These Terms of Use constitute the entire agreement between you and Chitra Creations with respect to the use of the Chitra Creations website and any Chitra Creations services. Chitra Creations' failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Use.

The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Chitra Creations therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Chitra Creations does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

If any provision set forth in these Terms of Use is later found to be unenforceable for any reason, you agree that the remainder of the Terms of Use shall be separately enforceable and that the unenforceable provision shall remain binding to the fullest extent permitted by law.

Chitra Creations reserves the right to change these Terms of Use at any time, for any reason, and without notice. It is your obligation to check back on these Terms of Use from time to time.