TERMS OF SERVICE AGREEMENT
LAST REVISION: [17-10-2021]
- DEFINED TERMS
“Pictures” means pictures, images, graphics and similar items that are uploaded on the Website.
“User” means a person who accesses the Website.
“Website” means srril.com.
This Site is owned and operated by SRRIL TECHNOLOGIES. All images on this web site are owned by SRRIL or its partners / contributors and are protected by International copyright laws and international treaty provisions. SRRIL retains all rights not expressly granted by this agreement. The license contained in this agreement will terminate automatically without notice from SRRIL, if you fail to comply with any provision of this agreement. Upon termination, you must delete and destroy all materials obtained from this site, copies, and related documentation thereof. In addition, SRRIL reserves the right to terminate this site without notice.
- AUTHORIZED USE
Any Content downloaded by you from this Site, including, without limitation, any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Content”) is licensed to you by SRRIL. Your use of the Content or any intellectual property rights therein, is dependent upon your acceptance of the SRRIL End User License Agreement (EULA) and any relevant Licensing Agreements.
- DISCLAIMER OF WARRANTIES
SRRIL represents that it has the right to enter into this Agreement and has the right to grant this License under these terms.
SRRIL warrants that the Content will be free from defects in materials and workmanship under normal use for a period of 30 days from the date you download or receive it. The website and products are offered on an “as is” and “as available” basis. SRRIL expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the products or website content, or any reliance upon or use of the website content or products. (“products” include trial products.)
without limiting the generality of the foregoing, SRRIL makes no warranty:
that the information provided on this website is accurate, reliable, complete, or timely.
that the links to third-party websites are to information that is accurate, reliable, complete, or timely.
no advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein.
as to the results that may be obtained from the use of the products or that defects in products will be corrected.
regarding any products purchased or obtained through the website.
some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
We do our best to gather the proper documents for the Pictures, so if questions of photo releases and/or location releases arise, please contact us.
- REPRESENTATIONS AND WARRANTIES BY USER:
- You are at least 18 years of age and have the right to enter into this Agreement;
- You will not use the Content in any way that is not permitted by this Agreement, EULA or any other relevant licensing agreements;
- Your use of the Content will not violate any rights including but not limited to copyrights, intellectual property rights, trademark, privacy, or any other applicable law or regulation of any country, state, other governmental entities or any third party;
- The information you provide to SRRIL is accurate and true, including without limitation all credit card information;
- You agree that all passwords to your SRRIL account are to be held in the strictest of confidence. You may not share or disclose any password or log in information to any other user or third party other than as specifically provided for herein. If you breach any provision of this section, we shall be entitled to
- terminate this Agreement immediately with notice to you
- retain all unpaid payments pursuant to this Agreement and
- seek any legal or equitable remedies.
- LINKS TO THIRD PARTY SITES
SRRIL provides links to third-party sites as a convenience to you. SRRIL does not control third party sites or links to third party sites. Links to third-party sites are not an endorsement by SRRIL of such sites. SRRIL is not responsible for the content of any linked sites.
- LIMITATION OF REMEDIES
- Cancellation / Expiration: In the event this Agreement is not terminated but the subscription period has been cancelled or has expired, you may continue to use the Content that you have downloaded as of the date of cancellation or expiration, provided that such use is in compliance with the terms of this Agreement, EULA and other relevant licensing agreements.
- No Monetary Damages: Under no circumstances whatsoever will SRRIL be liable to you for any damages, including any lost profits or revenues, lost savings, or other special, general, punitive, incidental or consequential damages arising out of the use or inability to use the Content even if SRRIL or a distributor authorized by SRRIL has been advised of the possibility of such damages, or for any claim by any other party. Some states do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
- INCORRECT PRICING AND INFORMATION
SRRIL has used reasonable effort to ensure that the pricing and information stated in the Site are accurate, however there are possibilities due to genuine error that the Content’s information is incorrect or the Content is priced wrongly, in such situation SRRIL holds the right to cancel the transaction and refund the payment, if the transaction has been made.
You will release, indemnify, defend and hold harmless SRRIL, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to SRRIL. When SRRIL is threatened with suit or sued by a third party, SRRIL may seek written assurances from you concerning your promise to indemnify SRRIL; your failure to provide such assurances may be considered by SRRIL to be a material breach of this Agreement. SRRIL will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of SRRIL choice at its expense. SRRIL will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend SRRIL against any claim, but you must receive SRRIL prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
SRRIL reserves the right to change and amend the prices of any subscription package and download sizes without prior notice to you. However, SRRIL will always endeavor to notify you of any impending price changes.
- SUBSCRIPTION PLANS
- Subscription plans cannot be upgraded nor downgraded upon download of the first Content.
- There shall be no extension of subscription period if you fail to download any Content due to Internet connectivity problems. SRRIL will fully reimburse the “lost days” only if the srril.com server is inaccessible worldwide (i.e. system down) for a continuous duration of 8 hours or more.
- Subscription Content will no longer be available for download once the subscription period ends.
- Auto Renewal subscription plans will be automatically renewed 3 days before it expires. You can cancel Auto Renewal at any time on our site.
- SUBSCRIPTION PLANS
You may not assign or transfer to anyone the rights granted to you in this Agreement, without SRRIL’s prior written consent.
- NO WAIVER
The failure of SRRIL to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
This Website originates from the West Bengal, India. This Agreement will be governed by the laws of the State of West Bengal, India without regard to its conflict of law principles to the contrary. Neither you nor SRRIL will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of West Bengal. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents. If SRRIL is obligated to go to court to enforce any of its rights, or to collect any fees, you agree to reimburse SRRIL for its legal fees, costs and disbursements if SRRIL is successful.
THIS AGREEMENT WAS ORIGINALLY COMPOSED IN ENGLISH. IN CASE OF CONFLICT BETWEEN THE ENGLISH VERSION AND ANOTHER LANGUAGE VERSION, THE ENGLISH VERSION TAKES PRECEDENCE.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.