Clustrr (http://clustrr.com) and all its linked webpages (“Site”) and services (“Services”) are owned, designed, developed and maintained by Clustrr Internet Private Limited (“us”, “we”, or “our”), a privately held company registered under the Companies Act 1956 of India.
THIS “TERMS OF SERVICE” (“Agreement”, “Terms of Service”, “Terms”) SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF CLUSTRR, SO PLEASE READ IT CAREFULLY.
By registering and choosing to start using our Services, you are acknowledging that you have read, agreed to and accepting the following Terms of Service.
Who can use Clustrr (Licence to Use)
For using any of the Services on the Site you MUST:
- Be of age 18 years or over
- Be legally the person or an authorized entity, employee or an agent to use the name you are registering to represent yourself or your business with the Site or use our Services.
Only if the above statements are true and subject to you accepting our Terms of Service and Privacy Policy, we grant you (“You”) a limited, non-exclusive, non-transferable, and revocable license to use our Services.
Registration
For using our Services, You must register an account on the Site by providing information to be specified during the registration process including, but not limited to selecting a profession, entering an email address and selecting a username and password.
You must not register as someone who you are not or as a business you are not authorized to.
How can you use Clustrr (Acceptable Use)
We allow You to use our Services on the Site that include, but are not limited to the following:
- Creating your personal account
- Creating a business account you are legally authorized to
- Uploading pictures you own or have a copyright to use and distribute
- Maintain your true profile data such as name, bio, awards, projects links etc.
- Commenting, Liking and marking other pictures as favorites
- Creating assignments and applying for assignments created by other Clustrr users
- Messaging other users of Clustrr
- Viewing pictures and any User Generated Content uploaded by other users on Clustrr
- Creating, Viewing and RSVP to Events
- Crediting people you know and who are involved in the picture(s)
- Using any new features that Clustrr may introduce from time to time
Your Content on Clustrr (User Content and Copyright)
What do we classify as “Your Content”?
Any form of content you upload, post, publish or transmit on or through our Site or Services is considered as Your Content or User Content. Thus User Content includes, but is not limited to photos, text, messages, comments, links, assignments, events and other materials you submit on Clustrr.
Our content (Intellectual Property)
The Site and its original content, Services, features and functionality (Our Content) are owned by Clustrr Internet Private Limited and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access, other than your own submitted content. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any content, pictures, graphics, branding or logos used in our Services.
Your Content is Your Responsibility
We allow you to upload Your Content on our Site, but take no responsibility of the original copyright, accuracy, integrity or quality of such content. You hereby agree that You are solely responsible for any content you post to Clustrr.
Content you must not submit on Clustrr
You are restricted from uploading, posting, transmitting, publishing, sharing, distributing or submitting any type of user content that:
- Infringes or violate any copyright, patent, trademark, trade secret, right of privacy, right of publicity or other intellectual or other right of anyone including, but not limited to an individual, group, firm, agency or business
- Is libellous, defamatory, bigoted, fraudulent, deceptive, obscene, pornographic, abusive, offensive, profane content of any sorts
- Can be classified as unwanted “SPAM” including, but not limited to mass or repeated promotions, political campaigning, commercial messages to any person, group, firm, agency or business
You are granting Clustrr the following rights on your content
By submitting your content on Clustrr, you hereby agree:
- To grant us a worldwide, non-exclusive, royalty-free, sublicensable and transferable licence to host, store, use, publicly display, publicly perform, publish, reproduce, modify, create derivative works and distribute your content on Clustrr, for the limited purpose of operating, developing, providing, and using services on Clustrr without obtaining any additional permission or licence from you or any third party
- To grant us full rights to remove or modify your content that we believe is violating the Terms of Service, as mentioned in this document
- That even after termination of your account by you or us, your content may be retained on our backups or archives for a substantial period of time for internal purposes
- To grant us licence to use your content for promotion of our Site and Services by displaying, modifying, transmitting, distributing and redistributing to third party web-sites, applications, emails, newsletters and other entities with appropriate credits to you (e.g. your username, your name) and content (like title of the content, tags etc.) as per information submitted by you on Clustrr.
How Clustrr protects your content
We use modern web and software standards and services to protect your information and content on our Site, but make no claims or warranty that your account, information and Your Content on the Site cannot be compromised, unlawfully copied or stolen without your consent. You hereby agree that your access to and use of any Services or any Content on the Site is at your own risk.
We prevent users from illegally downloading or copying high resolution images uploaded by you, but cannot restrict users from making or downloading low resolution copies of Your Content. By using our Site or Services, you are expressly granting us permission to permit our users and visitors to make thumbnail and low-resolution copies of Your Content.
Links to other Sites and third-party content
Our Site may contain links to third-party sites that are not owned or controlled by us.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.
Subscription to our Newsletters
We may send you emails from time to time that may include, but not limited to news, updates, marketing content, promotions, offers and alerts (“Newsletters”) regarding our product and services.By agreeing to our Terms, you are providing us your consent to receive such emails.
You will have an option to opt-out / unsubscribe to such Newsletters. Alternatively you can email us at support@clustrr.com with the subject line “Unsubscribe me” and we will unsubscribe you from such future Newsletters.
What Personal Information Do We Collect (Your Privacy)
By accepting these Terms of Service, You are also accepting to have read and agree to our Privacy Policy which explains any personal data and information that we collect, store and use when you use our Services.
Copyright Complaints
We respect the intellectual property rights of others and expects the same from its users. It is our policy to respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA) of 1998.
If you are a copyright owner, or are authorized to act on behalf of one and believe someone is violating your copyrights and want to notify us, please send us an email on copyrights@clustrr.com with “Copyright Infringement” in the subject line along with with details and notice of the alleged infringement.
Upon receipt of a complaint, We will contact you with further details and any information that may be required to make reasonable determination of the alleged infringement.
We reserve the right to remove user content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Clustrr may make reasonable attempt to notify the owner who posted infringing content.
If the user is determined to be a repeat infringer:
We also reserve the right to terminate accounts of repeat infringers without notice
Things that are a strict No-No (User Conduct, Restrictions and Unauthorised Use)
You hereby agree that at any point in time you will not use our Site or Services for the following purposes (unauthorised use). Any unauthorised use may lead to immediate termination of your account and removal of your content without prior notice.
You must not use our Site and Services:
- As someone or act as someone other than you or a group, firm, agency or business you have been authorised to act on behalf of
- For any illegal activities and any purpose not permitted under the laws of the jurisdiction where you use the Services.
- To perform any actionsthat can directly or indirectly defame, harass or threatenany person, group, agency, firm or business
- For illegally accessing, copying, selling, distributing, stealing, phishing or misusing any private information of any person, group, agency, firm or business (For example address, phone numbers, credit card information, date of birth etc.)
- In any way that can directly or indirectly harm our systems or interrupt our services. These ways include, but are not limited to injecting or spreading of computer viruses, corrupted data, malware or other harmful, disruptive or destructive files or code
- Use our services other than any way that its intended to. This means not using any scripts, robot, spider, scraper or other automated means to access Clustrr for any purpose without our permission
- To take any action that may result in security breach or bypass, access to restricted content or parts of the site and services, compromising user personal information, user content and third party data.
- To create multiple account or use any artificial means to influence karma points, voting, sharing or commenting, including buying, selling or exchanging votes or comments for money or any other type of compensation
- For any activity prohibited by these Terms of Service
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLUSTRR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CLUSTRR EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID CLUSTRR, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT CLUSTRR HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Release and Indemnity
You hereby expressly and irrevocably release and forever discharge Clustrr, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless Clustrr, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns 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, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or Clustrr Username and password, or (iv) any violation of any rights of a third party.
The Services are Available “AS-IS”
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, Clustrr DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Clustrr make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Clustrr or through the Services, will create any warranty not expressly made herein.
Governing Law
This Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Madhya Pradesh, India, subject to Indore Jurisdiction, without giving effect to any principles of conflicts of law.
Modification of Terms of Use
We reserve the right to amend, modify, change, delete, and/or alter any conditions with respect to the usage of this Site at any time at our sole discretion.
We shall notify you of such changes through this Terms of Service page and may send an email to registered users to notify them of the change. Your continued use of the Site following the posting of any changes to the Terms of Service constitutes acceptance of those changes.
New Features
We may, in the future, offer new features and/or services through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to these Terms of Service. Your continued use of the Service after the introduction of new features and/or services constitutes your acceptance of the Terms of Service.
General Terms
Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Clustrr without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Entire Agreement/Severability
These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Clustrr in connection with the Products, shall constitute the entire agreement between you and Clustrr concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
No Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Clustrr’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Termination
We may revoke, terminate or suspend this license to use our services at any time at our sole discretion.
You may terminate your account and stop using our services at any time at your sole discretion.
Grievance Resolution
In case of any issues, questions or more information about our Terms of Service, please contact us at support@clustrr.com