Registration
When you sign up to use the Site, you will be asked to give us some
information about yourself.
During the registration process, you agree to give us true, accurate and
complete information about yourself, and to update this information when it
changes. If you do not update it, we may suspend or terminate your use of the
Site or the AltaVista Sites, as explained below. Any personal information that
you provide to us is subject to the terms of our privacy policy.
Account Information and Password Protection
When you sign up, you will select a Member ID and a password so that you can
access your account with us. You agree that you will keep this information
confidential. You are completely responsible for activities that happen under
your account and password. You agree to log off of the Services at the end of
each session to prevent fraud on your account by third parties. If you think
there has been unauthorized use of your account or password, you agree to
immediately notify Himachal Emporium and cooperate with us to
resolve it. You understand that if you do not follow the terms of this
paragraph, we may suspend or terminate your use of this Site.
How you can Use the Services
The Services are protected by Indian and international copyright, patent,
trademarks laws and other intellectual property laws-for more information about
this, please click here.
You may use the Services on the Site and the Himachal Emporium Site for
your personal, non-commercial use. You may make a single copy of the individual
screens you see when you use the Services, but only for your personal use. You
cannot distribute or transfer the copies to others in exchange for money or
other consideration. You may not-and agree not to-modify, reformat, copy,
display, distribute, transmit, publish, license, create derivative works from,
transfer or sell any information, products or services obtained from the
Services, except as set forth below. This means that you may not mirror the
home page or results pages of the Site or any Himachal Emporium Site on
your own Web site or Web page.
No License Granted
Except for allowing you to use the Site for your personal use as set forth in
the paragraph above, when you use the Himachal Emporium Site, you are
not receiving a license or any other rights from us, including intellectual
property or other proprietary rights of Himachal Emporium. YOU UNDERSTAND THAT
YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER Himachal Emporium PROPERTY
EXCEPT AS WE INDICATE IN THESE TERMS
Your Postings to this site
On some parts of our Site, you can post or tell us your comments on a given
topic, or start a new topic for others to respond to. If you post anything, you
guarantee to us that:
•
You have legal rights to post your material
and it will not violate any law or the rights of any person.
Except as set forth under "Community Content" below, all information and
materials of any kind, including graphics, text or otherwise posted by someone
on our Site ("Member Content") are subject to the following terms:
1. By posting Member Content you give us the royalty-free, irrevocable,
perpetual, worldwide right to:
•
allow other people to use the Member Content
as described in these Terms; and
•
to use, distribute, display and create
derivative works from this Member Content, in any and all media, in any manner,
in whole or in part, without any restriction or responsibilities to you;
2. You understand that we are not responsible for the truth, completeness,
objectivity or usefulness of any Member Content, nor do we endorse any Member
Content;
3. We do not verify the identity of people using our Site, and you assume the
risk of believing or not believing any Member Content you read;
4. We do not screen, monitor, edit or review Member Content. We do have the
right to monitor or remove any Member Content at any time and without notice if
we believe it will improve our Site.
Conduct of Members and Visitors
We believe that all members and visitors benefit from basic rules regarding
conduct while using the Services so that everyone feels free to share opinions
and ideas. The free flow of ideas is jeopardized when a few individuals act
irresponsibly. To help everyone have a positive experience, we ask-and you
agree-to follow the following basic rules of conduct when using the Mrignayani
Site.
1. You will follow these Terms and all applicable laws;
2. You will never give your password to anyone (no Mrignayani employee will ask
for it) and you will not provide your billing or credit information except to
make a purchase;
3. You will not harass, threaten or abuse other people when using the Site in
any manner;
4. You will not interfere with others' use of the Site, including by
interrupting other users' sessions, scrolling down (automatically or manually)
to make it difficult for them, or otherwise act in a way that negatively
affects other users' enjoyment of the Services;
5. You will not post any Member Content that is obscene or may be hateful or
offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or
distasteful; or is defamatory, libelous, or invades another person's privacy or
proprietary rights;
6. You will not attempt to harvest any screen names of e-mail addresses for any
commercial use;
7. You will not collect or store personal information about any other
individual on the Site, or otherwise stalk, repeatedly contact or harass
another user;
8. You will not impersonate any other person or misrepresent a relationship
with any person or entity, including misrepresenting a relationship with
Mrignayani; similarly, you will not adopt a false identity if the purpose of
doing so is to deceive or defraud another;
9. You will not use the Services to harm minors in any way, or encourage
interactions with minors of a sexual nature;
10. You will not manipulate the Services so as to hide your identity or
participation in Services on the Site (by using another person's identity,
changing headers, or otherwise modifying any other possible identifier);
11. You will not post any Member Content that contains any viruses, cancel
bots, Trojan horses, harmful code, or other computer software or program
designed to interrupt the Services we provide, users' ability to enjoy the
Services, or the proper functioning of any software, hardware or equipment or
materials used in connection with the Services.
12. You will not send any bulk unsolicited advertising, promotional
information, e-mail or other solicitation (including without limitation junk
mail, "spam," chain letters or pyramid schemes of any sort) to any person
through the use of the Services, except in areas that specifically authorize
you to do so (auction forums, for instances);
If you violate any of the guidelines set forth above, or any other aspect of
these Terms, we reserve the right to suspend or terminate your rights to use
the Services without giving you any notice.
Disclosure of Your Identity
From time to time we receive requests to disclose the identities of our
users. We do not disclose the identities of ours users unless we are legally
required to do so.
If a governmental agency (for example, the Securities and Exchange Commission,
law enforcement agencies, Indian Attorneys' offices or similar governmental
agencies) sends us a subpoena, we will comply with it. If we receive a subpoena
by a third party that is not a governmental agency (for example, a subpoena in
connection with civil litigation), we will contact the user whose identity has
been requested using the contact information the user provided during the
registration process. We will wait 10 days after notifying the user before
complying with the subpoena, unless the subpoena requires us to disclose this
information before then. If we cannot wait 10 days because of the deadline in
the subpoena, we will let the user know the deadline included in the subpoena
when we provide notice that we received it.
Disclaimer of Warranties
SEARCH RESULTS: THE WEB CHANGES CONSTANTLY AND NO SEARCHING OR INDEXING
TECHNIQUES CAN POSSIBLY INCLUDE ALL PAGES ACCESSIBLE ON THE WEB IN ITS INDEX OF
SITES (THE "INDEX"). AS A RESULT, HIMACHAL EMPORIUM DOES NOT AND CANNOT
GUARANTEE THAT YOUR SEARCH RESULTS WILL BE COMPLETE OR ACCURATE OR THAT THE
LINKS ASSOCIATED WITH THE INDEX WILL BE ACCURATE OR ACTIVE AT THE TIME OF YOUR
SEARCH. THE WEB SITES INCLUDED IN THE INDEX ARE DEVELOPED BY PEOPLE WE DO NOT
CONTROL. THE PROCESS OF INCLUDING SITES IN THE INDEX IS LARGELY AUTOMATIC.
HIMACHAL EMPORIUM CANNOT AND DOES NOT SCREEN THE SITES INCLUDED IN THE INDEX.
FOR THESE REASONS, WE ASSUME NO RESPONSIBILITY FOR THE CONTENT OF ANY SITE
INCLUDED IN THE INDEX, AND ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS
CONTAINED IN THE SITE.
YOU UNDERSTAND THAT YOUR USE OF THE SERVICES (INCLUDING ANY DOWNLOAD FROM THE
SERVICES AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU
EXPERIENCE FROM USING THE SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT
THE SERVICES, INDEX AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING
THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM
THE SITE AND THE HIMACHAL EMPORIUM SITE, ARE PROVIDED ON AN "AS IS" "WHERE-IS"
AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT
NOTICE TO YOU. YOU ACKNOWLEDGE THAT ALTAVISTA MAKES NO WARRANTY THAT THE
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND
THAT HIMACHAL EMPORIUM DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE
OF THE SERVICES WILL MEET YOUR EXPECTATIONS. ACCESS TO THE WEB SITE OR ANY
SERVICES PROVIDED BY HIMACHAL EMPORIUM MAY BE INTERRUPTED OR UNAVAILABLE DUE TO
MAINTENANCE OR UPGRADE PROCEDURES. NO WARRANTY OF ANY KIND, WHETHER ORAL OR
WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS
DOCUMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, HIMACHAL EMPORIUM DISCLAIMS ALL
REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, DURABILITY AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY,
SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS)
INCLUDING WITHOUT LIMITATION, IN REFERENCE TO THE SERVICES, INDEX AND ALL
INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION,
PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND THE HIMACHAL
EMPORIUM WEB SITE.
HIMACHAL EMPORIUM EXPRESSLY DISCLAIMS ANY ENDORSEMENT, RECOMMENDATION,
GUARANTEE, REPRESENTATION, WARRANTY OR CONDITION (WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE) IN RESPECT OF, OR RESPONSIBILITY FOR ANY ACTION OR
INACTION OF ANY PARTY INCLUDING WITHOUT LIMITATION ADVERTISERS, PARTNERS,
PARTICIPATING MERCHANTS, MANUFACTURERS OR SUPPLIERS OR ANY PRODUCTS OR SERVICES
SUPPLIED BY SUCH PARTIES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HIMACHAL
EMPORIUM, ITS PARENT OR SUBSIDIARIES, ANY OF THE COMPANIES IT IS AFFILIATED
WITH, OR ANY OF ITS CONTENT PROVIDERS BE LIABLE TO YOU (OR ANY THIRD PARTY
MAKING CLAIMS THROUGH YOU) FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT
NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR
INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER
INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES,
UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR
TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE,
UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SITE, HIMACHAL EMPORIUM
SITE, THE SERVICES OR THE INDEX, MEMBER'S USE OF THE INFORMATION, SERVICES
AND/OR PRODUCTS PROVIDED AND/OR, ANY COMPUTER-RELATED DAMAGES DUE TO
DOWNLOADING MATERIALS, TYPOGRAPHICAL ERRORS AND/OR OMISSIONS; DAMAGES OF ANY
KIND RELATED TO A MEMBER'S PARTICIPATION, AND ANY ACTION, INACTION OR
TRANSACTION ARISING FROM OR RELATED TO POINTS INCLUDING WITHOUT LIMITATION ANY
ISSUANCE, TERMINATION, CANCELLATION, REDEMPTION, PURCHASE, CREDIT OR REFUND
MADE OR DUE TO THE MEMBER, BY OR FROM ANY OTHER PARTY, INCLUDING WITHOUT
LIMITATION, ADVERTISERS, ASSOCIATED AND AFFILIATED COMPANIES OR SUPPLIERS EVEN
IF HIMACHAL EMPORIUM HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH
DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTIAL OR CONSEQUENTIAL DAMAGES; THEREFORE THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
THE LIMITATIONS OF LIABILITY AND DISCLAIMERS HEREIN SHALL APPLY REGARDLESS OF
THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY,
NEGLIGENCE, OR OTHER TORT AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OF
CONTRACT OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF AN
EXCLUSIVE REMEDY.
Use of Our Logo and Static Screen Shots for Noncommercial Purposes
You may use our screen shots and logo for noncommercial purposes. You may ask
about using static screen shots of our Site for commercial purposes by
contacting info@himcrafts.com
This contract shall be governed by and construed in accordance with the laws of
the Govt. Of India without regard to conflict of laws principles. These Terms
as amended from time to time, set forth the entire understanding between the
Member and HIMACHAL EMPORIUM and supersede any and all prior or contemporaneous
agreements or understandings between you and HIMACHAL EMPORIUM, whether oral or
written, as to the subject matter of these Terms. If any provision of these
Terms or the application thereof to any Member or circumstances shall to any
extent be held to be invalid or unenforceable, the remainder of these Terms, or
the application of such provisions to persons or circumstances as to which it
is not held to be invalid or unenforceable, shall not be affected thereby, and
each provision shall be valid and be enforced to the fullest extent permitted
by law. Although you acknowledge that we will have the ability to enforce our
rights in any court of competent jurisdiction, you hereby consent to the
exclusive jurisdiction and venue of courts in Shimla (H.P.) India, regarding
any and all disputes relating to these Terms, your use of the Site or any
HIMACHAL EMPORIUM Site, the Services or the Rewards Program. No waiver of these
Terms will be valid, except in the event that the waiver is in writing and
signed by an officer of HIMACHAL EMPORIUM. If the performance by HIMACHAL
EMPORIUM of the Terms or any obligation there under is prevented, restricted or
interfered with by any act or condition whatsoever beyond the reasonable
control of HIMACHAL EMPORIUM, the Member shall excuse, without further action
or notice, HIMACHAL EMPORIUM's performance to the extent of such prevention,
restriction or interference.
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