You should read these Terms carefully before you use the Website.
You need to be at least 13 years old to use the Website.
- “We”, “us” means the company that makes the Website available to Users.
- “User”, “you” means a person using the Website.
- “Website” means the website accessible at https://www.sumekar31.com, including its subdomains, programming code, related technologies, know-how, databases and design.
- “Content” means texts, design, data, or other intellectual property, content or information, made available to you by us, excluding User Content. Content is a part of the Website.
- “User Content” means texts, images, data, or other intellectual property, content or information, which Users post, upload and otherwise submit to the Website, including without limitation wallpaper images, image titles and descriptions, and User profile pages.
- “Personal Data” means information or its combination that can be used to identify you as an individual (natural person), such as, for example first and last name.
- “Anonymous Data” means non-personally identifiable information about an individual that alone or in combination with similar information can not be used to identify you, such as, for example, an IP address or operating system you use.
- “Information” means collectively any Personal Data, Anonymous Data, the information you made publicly available, and/or any other protected or publicly available information.
When you register, you will be asked to choose a username and a password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party.
You agree that you will be solely responsible for any activities or actions taken under your username, whether or not you have authorized such activities or actions.
3. User Restrictions and Obligations
- Post, upload or otherwise transmit through the Website any User Content:
that is unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contains objects or symbols of hate, invades the privacy of any third party, contains nudity (including without limitation any pornography), is deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or is otherwise objectionable in our opinion;
that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity), or otherwise violates or promotes the violation of the rights of any third party;
to which you do not have the lawful right to copy, transmit and display (including any User Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Content);
for which you do not have the consent or permission of each identifiable person in the User Content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Content) and such consent or permission is necessary;
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 interfere with the access of any user, host or network, including without limitation sending a virus, overloading, flooding or spamming the Website;
that includes code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Content that is unrelated to the immediate, aesthetic nature of User Content.
- Reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Website, Content or User Content (other than your own User Content).
- Use the Website, Content or User Content in a commercial manner.
- Post, upload, or otherwise transmit through the Website any unsolicited or unauthorized advertising, promotional materials, junk, spam, chain letters, "pyramid schemes" or any other form of solicitation.
- Circumvent, disable or otherwise interfere with security-related features of the Website, or features that prevent or restrict use or copying of any Content or User Content.
- Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Website to send altered, deceptive or false source-identifying information.
- Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available on the Website, servers or networks connected to the Website, or the technical delivery systems of our providers or disobey any requirements, procedures, policies or regulations of networks connected to the Website.
- Attempt to probe, scan or test the vulnerability of any our system or network or breach or impair or circumvent any security or authentication measures protecting the Website, Content or User Content.
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website.
- Attempt to scrape, parse, access, search or meta-search the Website, Content or User Content with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by us or other generally available third party web browsers.
- Collect or store personal data about other Users without their express permission.
- Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud.
- Use the Website, Content or User Content in any manner not permitted by these Terms.
- Encourage or instruct any other individual to do any of the foregoing or to violate these Terms.
4. Use of Website. Intellectual Property Rights
Our Intellectual Property Rights. We, our licensors or other third parties own all right, title and interest, including all worldwide intellectual property rights in the Website, Content and the trademarks, service marks and logos contained therein, other than User Content.
License Grant. Permitted Use. Subject to your compliance with these Terms, we give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to access and use the Website for your own personal non-commercial use. This license is for the sole purpose of enabling you to use and enjoy the benefits of the Website in the manner permitted by these Terms.
Any other use (including commercial use) of the Website requires our prior written consent.
The Website may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws and regulations in connection with your use of the Website.
5. Third Party Advertisements
6. User Content
License Grant. By posting, publishing, uploading, submitting, sending via email, or otherwise transmitting any User Content to us on the Website, you hereby grant:
- To us a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit and otherwise exploit such User Content in any form, medium, device or technology now known or later developed, including without limitation on third party websites and platforms.
- To each User of the Website a non-exclusive license to access, use, download and modify your User Content.
We do not claim ownership rights in User Content.
We reserve the right to moderate any User Content or remove any User Content for any reason.
We may limit the size of User Content.
YOU REPRESENT AND WARRANT THAT YOU OWN OR HAVE THE NECESSARY LICENSES, RIGHTS, CONSENTS AND PERMISSIONS TO GRANT THE FOREGOING LICENSES TO US. You agree to execute and deliver such documents and provide all assistance reasonably requested by us, if that becomes necessary.
Our Disclaimer. We have no ability to control User Content that is posted, uploaded or otherwise published using the Website, and do not have any obligation to monitor such User Content for any purpose and, as a result, are not responsible for the accuracy, completeness, appropriateness, legality or applicability of any User Content or anything said, depicted or written by Users.
We do not endorse any User Content or any opinion, recommendation, or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.
You are not required to include any information in any User Content that identifies you. If you choose to provide personal identifying information, you do so at your own risk.
Your Feedback. If you choose to communicate to us any feedback, ideas or suggestions for improvement of the Website, you grant us free-of-charge, irrevocable, non-exclusive, transferable right to use, modify, share, distribute and communicate such feedback for any and all commercial or non-commercial purposes, without charge and free of any obligation of attribution. You warrant that any such feedback you communicated to us is not subject to any license or any other third party right.
7. Copyright Infringement Notice. Reports of Other Violations
If you are a copyright holder who believes that any of Content or User Content which is available via the Website is infringing copy of your work, please let us know.
You may find a notification form by clicking on a flag next to each image or you may send a notice of alleged copyright infringement at email@example.com.
A notification of claimed copyright infringement must include the following:
- A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed;
- Specific identification of each copyrighted work claimed to have been infringed;
- A description of where the material believed to be infringed is located (please be as detailed as possible and provide a URL to help us locate the material you are reporting);
- Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
- A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe Content on the Website otherwise violates applicable law (apart from copyright violations) or our policies, you may submit the claim form by clicking on a flag next to each image. We have no obligation to delete Content that you personally may find objectionable or offensive.
Personal Data. To access and use the Website we may process and/or collect the following Personal Data such as your email address and IP address.
What Personal Data is not Protected by Us. When using the Website you will be able to voluntarily disclose, transfer or publish openly and publicly as User Content any Information about yourself, including Personal Data. This may happen when you voluntarily disclose Information, for example, in the comments, on your profile pages, or in other content you may post on or through the Website.
Please, be aware that when you register to become a User, other users of the Website will be able to see your user name and information about yourself (if you have chosen to post it), in addition to any other content that you post to or transmit via the Website.
If you wish to guard your anonymity we recommend that you do not provide and use your real name as your user name to the extent that allows others to identify you.
Please note, that WE DO NOT HAVE ANY OPPORTUNITY OR RESPONSIBILITY TO CONTROL THE CONTENT THAT CARRIES THIS INFORMATION AND/OR PERSONAL DATA ONCE IT IS MADE PUBLIC OR SHARED WITH OTHERS. YOU UNDERSTAND THAT DISCLOSING, PUBLISHING, SHARING AND MAKING THIS PERSONAL DATA PUBLICLY AVAILABLE IS YOUR OWN RESPONSIBILITY. Anonymous Data Collected Automatically. For you to access and use the Website we collect Anonymous Data from your computer, mobile device or browser when you use the Website. The Website automatically collects usage information, such as:
- Your IP address,
- The type of device you use,
- ID or serial numbers of your device or its components,
- Browser type, version and language,
- Type and version of your operating system,
- Your activity on the Website,
- The number and frequency of visitors to the Website.
We maintain log files of the traffic that visits the Website. This Anonymous Data is not linked to Personal Data.
Cookies. A cookie is a small piece of text sent to your browser by a website you visit. It helps the Website to remember information about your visit. That can make your next visit easier and the site more useful to you.
We use both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the Website. Persistent cookies can be removed by following your web browser help file directions. Session cookies are temporary and typically disappear after you close your browser.
We use our own cookies (first party cookies):
- To remember your choice about cookies on the Website.
- To recognize you when you visit the Website.
- To remember your preferences.
- To perform security measures.
In addition, we work with reputable companies who can use their cookies when you use the Website (third party cookies). Third-party cookies are used, for example, to count how many visitors we receive to a page, to help us analyze how the Website is used (Google Analytics cookies). We use the information to compile reports and to help us improve the Website. The cookies collect information in an anonymous form, including the number of visitors to the Website, where visitors have come to the Website from and the pages they visited. Please, see Section "Use of Google Analytics" further below for an overview of privacy at Google. Most web browsers allow some control of most cookies through the browser settings. You may be able to reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Website may not function properly if the ability to accept cookies is disabled.
Google Analytics employs cookies to define user sessions, which allows for the collection of data about how visitors are using the Website. Google Analytics uses only first-party cookies for data analysis. This means that the cookies are linked to a specific website domain, and Google Analytics will only use that cookie data for statistical analysis related to your browsing behavior on that specific website. According to Google, the data collected cannot be altered or retrieved by services from other domains.
If you choose, you can opt out by turning off cookies in the preferences settings in your web browser. For more information on Google Analytics, please visit the Google Analytics website.
To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.
We are not responsible for the privacy practices of linked or advertised sites. We strongly recommend that you read the privacy policies of the linked or advertised websites as they may contain further terms and conditions which apply to you.
Why We Collect Information. The Information is used for:
- Delivering you the Website,
- Your seamless interaction with the Website,
- For analytical and statistical purposes,
- Understanding of your interaction with the Website,
- Improvement and development of the Website or our services and products,
- Sending you related information, including promotions, special offers, confirmations, newsletters, updates, and security alerts.
When possible, we always use the Information anonymously in aggregation with similar information from other Users of the Website.
How Long We Retain Information. The time periods for which we retain your Information depend on the purposes for which we use it. We will keep your Information for as long as you are a User and, thereafter, for no longer than is reasonably necessary for reporting and reconciliation purposes pursuant to legal requirements and to provide you with any feedback or information you might request or require.
Your Consent. YOU EXPRESSLY CONSENT TO OUR PROCESSING, COLLECTION, TRANSFER, STORAGE, DISCLOSURE AND OTHER USES OF YOUR INFORMATION AS DESCRIBED IN THESE TERMS AT INSTANCE WHEN YOU:
- PROVIDE INFORMATION TO US THROUGH THE WEBSITE; AND/OR
- ACCEPT THESE TERMS.
IN ADDITION, THROUGH THIS USE AND INTERACTIONS WITH THE WEBSITE YOU SPECIFICALLY CONSENT TO:
- OUR COLLECTION OF INFORMATION BY AUTOMATED MEANS, SUCH AS COOKIES, WEB BEACONS OR THE INTENDED FUNCTIONALITY OF THE WEBSITE, AND TO OUR SUBSEQUENT PROCESSING AND USING OF INFORMATION IN ACCORDANCE WITH THESE TERMS, AND
- THE STORAGE AND TRANSFER OF INFORMATION TO LOCATIONS WHEREVER WE AND OUR SERVICE PROVIDERS HAVE FACILITIES.
Disclosure of Information. We may release the Information concerning your use of the Website:
- To provide you with access to the Website and to use of its content according to these Terms.
- When we believe in good faith that such release is appropriate to comply with the applicable law, regulation, legal process or governmental request (for example, pursuant to a statutory demand, subpoena, warrant or court order);
- To enforce these Terms, or any agreement between you and us;
- To detect, prevent, or otherwise address fraud, security or technical issues;
- To protect against abusive or unlawful use of the Website or its content;
- To protect the rights, safety, or property of Users, or any other third parties;
- If we reasonably believe that a situation involving danger of death or injury to any person requires disclosure;
- In other ways described in these Terms.
With Whom We Share the Information. We may share Information we collect only under any of the circumstances mentioned in these Terms.
We will not share any Personal Data provided by you to third parties, except for service providers under contract who help with our business operations such as information management and analytics. Such providers are obligated not to disclose your Personal Data and authorized to use it only as necessary to provide their services to us.
Information Concerning Children. We do not knowingly collect or solicit Information from anyone under the age of 13 or knowingly allow such persons to use the Website. If we become aware that we have collected Personal Data from a child under age 13 without verification of parental consent, we take immediate steps to remove that Personal Data.
International Transfer of Information. Our servers and information processing equipment are located in a number of countries around the world. Consequently, Information will be stored in these countries. By voluntarily providing Information to us when using the Website, you are consenting to the collection and use of your Personal Data by us, including the transfer to another jurisdiction.
Security of Personal Data. We will take commercially reasonable precautions to protect Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction. We process all Information using industry-standard techniques.
We implement the following administrative, technical, and physical measures for the protection of Personal Data:
- Administrative measures. Access to your Personal Data is limited to authorized personnel who have a legitimate need to access it based on their job descriptions. In case third-party contractors process Personal Data on our behalf, similar requirements are imposed.
- Technical measures. Personal Data is transmitted in encrypted format using SSL technology. We use up-to-date firewall protection and high-quality antivirus and anti-malware software.
- Physical measures. Access to Personal Data is not permitted via the Internet except using an encrypted virtual private network. Otherwise access is limited to our physical premises. We store Personal Data on servers provided by third-party hosting vendors with whom we have contracted.
However, we do not guarantee or warrant that such techniques will prevent unauthorized access to Information, including Personal Data that we store.
Business or Asset Transfer. In the event that we, a line of our business, or substantially all our assets are transferred, sold or merged with another business, Information may be one of the transferred assets. Privacy Related Inquiries. If, for any reason, you are concerned with the way that we may be using your Personal Data, you have questions about the privacy aspects of the Website, please, contact us at firstname.lastname@example.org
10. Disclaimer of Warranties
Your use of the Website and any content or other information made available through the Website is at your sole risk and discretion and we hereby disclaim all liability to you or any third party relating thereto.
The Website and all content, materials, information, products and services included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE WEBSITE, CONTENT AND USER CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.
We disclaim any warranties:
- Regarding the security, accuracy, reliability, timeliness and performance of the Website.
- That the Website or any of its content will be error-free or that any errors will be corrected.
- That the Website or any of its content will be of any particular quality, meet any standards or requirements, or conform to any of your expectations in this regard.
Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
Compatibility. We do not warrant that Website or and User Content will be compatible with all hardware and software which you may use or which may exist or will exist in the future.
Third Parties Software and Content. We are not responsible for:
- The content, services, applications or availability of third parties’ websites that you access using the Website.
- The availability, performance, functionality or any consequences of your use of any third parties’ components, software, modules built into or otherwise integrated and available through the Website.
11. Limitation of Liability
IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, CONTENT AND USER CONTENT WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL OUR CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU TO US IN CONNECTION WITH THE WEBSITE IN THE SIX(6) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE CLAIM.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING OPERATION OF THE WEBSITE.
You agree to defend, indemnify, and hold us, our parents, subsidiaries, affiliates, customers, vendors, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with:
Your access to or use of the Website or any of its Content or User Content.
- Your violation of these Terms.
- Your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.
- Any claim that your User Content caused damage to a third party, including without limitation claims that your User Content is infringing.
We reserve the right, at our sole discretion:
- To modify or revise these Terms at any time by posting the amended Terms on the Website. Please check the most current Terms to ensure that you are aware of all the terms governing your use of the Website.
- To make changes, update or discontinue the Website, Content, User Content or any format, feature or functionality thereof at any time with or without notifying you.
- To terminate or restrict access to the Website for any reason whatsoever.
Your continued use of the Website after a change or update has been made will constitute your acceptance to the revised Terms. If you do not agree with the modifications, please discontinue use of the Website immediately, and cancel the account you have opened with us.
These Terms remain effective from the date of acceptance until terminated by you or us in accordance with these Terms.
13. Termination and Account Cancellation
You may terminate these Terms at any time by ceasing to use the Website and/or by cancelling your account. Without limiting other remedies, we may suspend or terminate these Terms with you, or may terminate or suspend your use of the Website, and/or may remove any User Content at any time if:
- You violate any term of these Terms.
- You infringe proprietary rights, rights of privacy, or intellectual property rights of any person, business or organization.
- You engaged in other actions relating to or in the course of using the Website that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, other Users, us, any other third parties or for the Website.
- It is required by applicable law.
- We cease offering the services and/or discontinued the Website.
Notwithstanding the foregoing, we also reserve the right to terminate the Website or cancel your account at any time and for any reason.
Upon termination of these Terms all licenses and rights to use the Website shall immediately terminate; and you will immediately cease any and all use of the Website.
Upon any termination your account you will no longer be able to access User Content submitted by you. We will have no obligation to maintain any information and User Content stored in our database related to your account or to forward any information to you or any third party.
Any suspension or termination of these Terms will not affect your obligations to us and/or other Users under these Terms, including, without limitation, proprietary rights and ownership, indemnification and limitation of liability, confidentiality, which reasonably are intended to survive such suspension or termination.
Choice of Law. You agree that the laws of England and Wales govern these Terms, their subject matter, the relationship between you and us, any action related these Terms, and any claim or dispute it may arise, without regard to the conflict of laws rules.
Notices. Any notices or other communications permitted or required under these Terms will be in writing and given by us:
- Via email (to the address that you provide during registration), or
- By posting to the Website.
Consent to Receive Communications in Electronic Form. For contractual purposes, you:
- Consent to receive communications from us in an electronic form via the email address you have submitted; and
- Agree that the Terms and all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
No Assignment. You will not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any purported assignment or delegation by you without our appropriate prior written consent will be null and void.
We may assign these Terms or any rights hereunder without your consent.
No Waiver. The failure by us to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of our right or remedy.