Acceptance of Terms

 

THESE TERMS AND CONDITIONS OF SERVICE (the "Terms") ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND LAVASA CORPORATION LIMITED governing your use of this Service, www.capturelavasa.comwww.lavasa.com/capturelavasa, which includes but is not limited to products, software and services offered by way of the website such as any "Photo Uploader," and other applications that link to these Terms (the "Service").

Please review the Terms fully before you continue to use the Service. By using the Service, you agree to be bound by the Terms. You shall also be subject to any additional terms posted with respect to individual sections of the Service. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices. If you do not agree, please discontinue using the Service. Lavasa Corporation Limited reserves the right to change the Terms at any time without prior notice. Your continued access or use of the Service after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review the Terms regularly. The Terms were last updated on 22nd  November 2013.

Your use and browsing of the Service is at your risk. If you are dissatisfied with any of the materials contained in the Service, with the quality of service, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Service.

HIGHLIGHTS

These are the terms of service for the use of Lavasa Corporation Limited websites, apps, and other digital products. Please review them.
By using our services, you agree to be bound by these terms.
We update these terms from time to time.

Registration

In order to utilize certain functionality of the Service, you must complete a registration process. As a registered user of the Service, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the Service registration form ("Registration Data"), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. Upon completing the registration process, you shall receive confirmation of a password and user name. You are responsible for maintaining the confidentiality of the password and user name, and you are fully responsible for all activities that occur under your password or user name. You agree to (a) immediately notify Lavasa Corporation Limited of any unauthorized use of your password or user name or any other breach of security; (b) exit from your account at the end of each session; and (c) defend, indemnify, and hold harmless Lavasa Corporation Limited from any loss or damage arising from unauthorized use of your password or user name.

By registering, you consent to the collection of your data, including, without limitation, Registration Data, by Lavasa Corporation Limited and processing of such data by Lavasa Corporation Limited in connection with your use of the Service. You consent to the technical processing and transmission involved in your use of the Service, including, without limitation, Registration Data, and you acknowledge that such process may involve (a) transmission of such data over various networks; and (b) modifying such data to conform and adapt to technical requirements of connecting networks or devices.

 

HIGHLIGHTS

You agree that you are who you say you are when you register. 
It’s important that the email address associated with your account is accurate and up to date.

Intellectual Property Issues

The Service is owned by Lavasa Corporation Limited. All of the content featured or displayed on the Service, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations, and computer programs, including web-based programs (“Content”) is owned or licensed by Lavasa Corporation Limited. 


Advertisements for third-party entities are not considered Content for the purposes of this Section. However, these advertisements are owned or licensed by their respective third-party entities and are subject to protections similar to those set forth in these Terms.

Pursuant to the copyright and trademark laws of the India, you agree:

  1. That you may only download Content that Lavasa Corporation Limited designates as offered for download to any single computer a single copy of any Content for personal and noncommercial use.
  2. To not reproduce, distribute, modify, re-post on another Service (regardless of the server on which the Content is stored), or sell any Content without specific written authorization from Lavasa Corporation Limited.
  3. To maintain any and all copyright or other proprietary notices embedded in or attached to any Content.
  4. To refrain from framing, inline linking, or mirroring any portion of the Service.
  5. You retain all of your ownership rights in material you upload, comments you post, or other content you provide to the Service (“Your Content”).

  1. Lavasa Corporation Limited will make no sale of Your Content to a third party unless and until you have expressly consented to be represented Lavasa Corporation Limited Image and Video Sales.
  2. By uploading Your Content, however, you grant Lavasa Corporation Limited (which includes its subsidiaries, affiliates, joint venturers, and licensees) the following rights: a worldwide, perpetual license to display, distribute, reproduce, and create derivatives of Your Content, in whole or in part, without further review or participation from you, in any medium now existing or subsequently developed, in editorial, commercial, promotional, and trade uses in connection with Lavasa Corporation Limited Products. Lavasa Corporation Limited may license or sublicense, in whole or in part, to third parties rights in Your Content as appropriate to distribute, market, or promote such Lavasa Corporation Limited Products. You also grant Lavasa Corporation Limited permission to use and authorize others to use your name and any profile picture you provide in association with Your Content for identification, editorially, publicity related to Your Content or the Service, and for similar institutional promotional purposes. You also agree that Lavasa Corporation Limited may make Your Content available to users of the Service who may display and redistribute it in the same way that Lavasa Corporation Limited makes all other Content available.
  3. Lavasa Corporation Limited may use Your Content, without compensation to you, in any Lavasa Corporation Limited Products that feature Your Content in the context of, in direct promotion of, or otherwise strongly identified with (beyond mere attribution), the special section or community of the Service to which it was submitted, such as “Capture Lavasa” or successor sections or communities of the service.
  4. To enable Lavasa Corporation Limited to use Your Content in Lavasa Corporation Limited Products, Lavasa Corporation Limited may request you to provide Your Content in other formats, and if technically possible, you agree to provide Your Content in such other formats.
  5. Any payment to you is conditioned upon you keeping your registration information up to date and you completing any paperwork that Lavasa Corporation Limited requires to make payments to third parties. Lavasa Corporation Limited also reserves the right not to make payment to you if Lavasa Corporation Limited reasonably believes that to do so would violate applicable law.
  6. Notifications of claimed copyright infringement on the Service should be sent to our designated agent. If you believe that your work has been used in a way that may constitute copyright infringement, please provide Lavasa Corporation Limited’s designated agent the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Service (such as the URL);
  4. Your address, telephone number, and e-mail address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

If you wish to raise any data protection issue with us, or exercise any of your legal rights, please contact us on customerrelations@lavasa.com.

THIS CONTACT INFORMATION IS ONLY FOR REPORTING ALLEGED COPYRIGHT INFRINGEMENTS.
HIGHLIGHTS You can use only the Content that we designate as available for download or other uses. If you do download or use Content, respect others’ rights.

We claim no ownership of anything you post or upload (for example, images, video, comments, editorial content, etc.), and we’ll never sell it to a third party without your permission. You retain all copyrights you have in Your Content that you post or upload.

You give us permission to display Your Content on technology platforms operated by us and our partners. You also allow us to identify you as the source of Your Content by name or your profile picture.

If we select Your Content for use in an Lavasa Corporation Limited Product that is that is not in the context of, in direct promotion of, or otherwise strongly identified with (beyond mere attribution), the special section or community of the Service to which it was submitted, we will pay you at our established rates (provided your contact email is up to date, you complete any necessary payment paperwork, and there is no U.S. law that prohibits us from making a payment to you).

We take copyright very seriously. If you think you have suffered an infringement, please follow the instructions in the last section of these Terms of Service to notify us.

Liability

The Service is provided for informational purposes only. The Service should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use. 

Although Lavasa Corporation Limited does not routinely monitor the postings to the Service, Lavasa Corporation Limited reserves the right (but assumes no obligation) to delete, move, or edit any Your Content that comes to its attention that Lavasa Corporation Limited considers in its sole discretion to be unacceptable or inappropriate, whether for legal or other reasons. Conduct by any user that, at the sole discretion of Lavasa Corporation Limited, restricts or inhibits any other user from using or enjoying the Service will not be permitted. Lavasa Corporation Limited reserves the right to refuse access to the Service to any user for any reason, including, without limitation, a reasonable belief that the user in question has violated these Terms, any other operating rules or terms currently posted on the Service, or any of the copyright or trademark laws of the India.

The Service may provide, or third parties may provide, links to other sites or resources. Because Lavasa Corporation Limited has no control over such sites and resources, you acknowledge and agree that Lavasa Corporation Limited is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Lavasa Corporation Limited shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with use of or reliance on any such linked content, goods or services available on or through any such linked site or resource.

Your interactions with companies, organizations and/or individuals found on or through our Service, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that Lavasa Corporation Limited will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of this Service, or between a user and any third party, Lavasa Corporation Limited is under no obligation to become involved, and you agree to release Lavasa Corporation Limited and its affiliates from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or the Service.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LAVASA CORPORATION LIMITED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LAVASA CORPORATION LIMITED MAKES NO WARRANTY THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LAVASA CORPORATION LIMITED NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL LAVASA CORPORATION LIMITED, OR OUR SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, SERVICE PROVIDERS, AND/OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THIS SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF LAVASA CORPORATION LIMITED SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, SERVICE PROVIDERS, AND/OR LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT LAVASA CORPORATION LIMITED IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

HIGHLIGHTS

Don’t look at our website while you are flying a plane, driving a car, skiing, kayaking, descending a steep ravine, or chopping vegetables.

Your Conduct

Lavasa Corporation Limited wants to encourage an open exchange of information and ideas on the Service. You can expect the Service to include information and opinions from a variety of individuals and organizations other than Lavasa Corporation Limited. Lavasa Corporation Limited neither endorses nor guarantees the accuracy of any of Your Content. Lavasa Corporation Limited may review Your Content from time to time and may take steps to remove inappropriate Your Content that comes to its attention; however, Lavasa Corporation Limited engages in no routine monitoring of Your Content on the Service. There is no substitute for healthy skepticism and your own good judgment. 

You agree to assume full and sole responsibility for any Your Content you post to the Service, and you agree to:
 

  1. Abide by the Capture Lavasa Rules (which are fully incorporated into these Terms);
  2. Post Your Content that is relevant to and appropriate for the specific topic and designed to help people share information.
  3. Represent that you are the owner of Your Content, or are making your submission with express consent of the owner, that you have obtained all third party releases and permissions necessary for Lavasa Corporation Limited’s use, in accordance with the license you grant in paragraph 5 of Intellectual Property Issues above, of any Your Content that you post, and nothing you post will infringe on the rights of others;
  4. Neither post nor transmit any unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive Your Content, or Your Content that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or any other Your Content that infringes on the ability of others to enjoy the Service or is otherwise inappropriate;
  5. Refrain from posting any personal information of your own such as your email address, phone number, address, etc., and refrain from soliciting personal information from any user. However, if you do choose to post any personal information it means that you are making that information public and allowing everyone to use and access that information, and to associate it with you (i.e. your user name and if applicable any profile photo);
  6. Neither post nor transmit through the Service any Your Content that constitutes advertising or solicitation with respect to any product or service;
  7. Not post anonymously or impersonate any other person;
  8. Use no automated means, including spiders, robots, offline readers, crawlers, data mining tools, or the like to download or store data from the Service. Exception is made for publicly available Internet search engines (e.g., Google, Bing) and non-commercial public archives (e.g., archive.org) that comply with our Terms of Service but not for any archive that hosts, promotes, or links primarily to infringing or unauthorized content; and
  9. Not to alter or modify any part of the Service, make no use that would interfere with or disrupt the Service or servers or networks connected to the Service, make none of Your Content available (whether through upload, post, email, transmit, or otherwise) that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, and neither circumvent nor disable any security or data-protection measures implemented by Lavasa Corporation Limited.
  10. Not to translate, reverse engineer, decompile, disassemble, or attempt to discover any source code or underlying ideas or algorithms of the object code of any portion of the Service

CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, LAVASA CORPORATION LIMITED RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
You must provide and are solely responsible for all hardware and/or software necessary to access the Service. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.

HIGHLIGHTS

Do share freely. We encourage an open exchange of information and ideas. 
Don’t be unpleasant, dishonest, or inappropriate; follow the Capture Lavasa Rules.

Prizes

  1. The 1st prize winner get a 6 months contract as Lavasa’s official photographer and will be compensated Rupees Two lakh (Rs.2,00,000 only) in cash and kind – terms and conditions applied.
  2. 5 Photographers (1 from each category) receive gift vouchers worth Rs.25,000/- each who have the best entries
  3. Also from each category a runner up will win gift voucher worth Rs.10,000/-
  4. The first 100 people who register and participate in the contest receive Lavasa Merchandise
  5. The prize details are subject to change and our prizes may be withdrawn at any time.
  6. The prizes are as stated and are not transferable or negotiable. No cash or credit terms will be offered.
  7. Prize requests must be cancelled via email (to customerrelations@lavasa.com) within 24 hours of the original prize request.
  8. Prizes can take up to 30 business days to be processed (but will usually be much quicker).
  9. To enter the competition you must be a citizen of India and eighteen (18) year or older at the time of participating in the competition.
  10. These terms and conditions are governed in accordance with the laws of India. Any dispute shall be subject to the jurisdiction of courts in Mumbai, Maharashtra.
  11. The winner shall be responsible for any additional, incidental expenses required to be incurred to avail of the prize. All taxes, insurances, transfers, spending money and other incidental and related expenses as the case may be, unless specifically stated, are the sole responsibility of the prize winner. The winner will be required to provide certified proof of identity and residence, if any.

Redressal of Disputes and Governing Laws:
Any dispute or difference arises between the parties hereto relating to this Agreement shall be referred to the sole Arbitrator to be appointed by Lavasa Corporation Limited. The Arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 subject to statutory modifications. The venue of the Arbitration shall be at Mumbai only and the proceedings shall be conducted in the English language only.
This Agreement shall be governed by the laws of India and as amended from time to time.
Subject to the provisions mentioned hereinabove, Courts at Mumbai, alone shall have exclusive jurisdiction.  
 

Indemnification

You agree to indemnify, defend, and hold harmless Lavasa Corporation Limited; its affiliates, associates, joint ventures  and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Service from and against all losses, expenses, damages, and costs, including attorneys' fees, resulting from any violation of these Terms. Lavasa Corporation Limited reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully co-operate with Lavasa Corporation Limited.





























 

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