Terms &
Conditions
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING AND/OR USING THE VRC OF COMMERCE STORE OR VRC OF COMMERCE SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE 13 YEARS OF AGE OR OLDER AND YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE NOT 13 YEARS OF AGE OR OLDER OR DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE VRC OF COMMERCE STORE OR VRC OF COMMERCE SERVICE.
These Terms of Service (“Agreement”) are between you and VRC OF COMMERCE and govern your access to and use of the VRC OF COMMERCE Store and the VRC OF COMMERCE Service.
“VRC OF COMMERCE Store” means the provision by VRC OF COMMERCE of the ability for you to download, display and use digital books and other electronic content (individually and collectively, “Digital Content”).
“VRC OF COMMERCE Application” means (a) software developed by VRC OF COMMERCE or third parties that is a part of the software at the time of your initial download and any Digital Content included with such software at the time of your initial download, and (b) updates or upgrades provided by VRC OF COMMERCE to the software.
“VRC OF COMMERCE Service” means the provision by VRC OF COMMERCE of Digital Content to you and related services that facilitate learning and studying and interaction with other members of the VRC OF COMMERCE community.
Terms and Conditions
The Terms and Conditions contained herein along form an Agreement regulating our relationship with regard to the use of “VRC OF COMMERCE.com” by you. Please read this Agreement carefully. You are advised to regularly check for any amendments or updates to the terms and conditions from time to time. VRC OF COMMERCE.com may add to or change or update these Terms of Use, from time to time entirely at its own discretion. You are responsible for checking these Terms of Use periodically to remain in compliance with these terms. Your use of a Site after any amendment to the Terms of Use shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions. Any clause of terms and conditions if deemed invalid, void or for any reason unenforceable, shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the terms and conditions.
Definitions:
“Agreement” means the Terms and Conditions (T&C) contained herein under the VRC OF COMMERCE.com brand name. It will also include references to this Agreement as and when amended, notated, supplemented, varied or replaced. “Site” means the “VRC OF COMMERCE.com” owned and operated by VRC OF COMMERCE, which provides a venue to the users of VRC OF COMMERCE.com to buy the products listed/displayed at VRC OF COMMERCE.com and also book online classes asks doubt which will be paid . “Affiliate” is a corporate entity, means any entity, which controls, is controlled by, or is under the common control of the VRC OF COMMERCE and being an individual, means any entity, which is controlled by the Company. “User/You” means and includes any Customer / Buyer / You (the person or any legal entity) who accept the offer for sale by VRC OF COMMERCE.com by placing its order on this Site. “Product’s” connotes the goods, services promoted/displayed on the Site and offered for any use/sale.
Online Purchases
This Website is only a venue where Users may meet and interact with us for their purchase transactions, book online classes if available, asks doubts. The agreement between you and VRC OF COMMERCE.com is subject to the following terms and conditions:-
- The User certifies that he/she is at least 18 (eighteen) years of age or has the consent of a parent or legal guardian.
- These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the Shopping services of VRC OF COMMERCE.com you agree to be bound by the Terms and Conditions.
- All prices, unless indicated otherwise are in Indian Rupees
- By indicating User’s acceptance to purchase any product or service offered on the site, the user is obligated to complete such transactions. Users shall prohibit from indicating its acceptance to purchase products and services where it does not intend to complete such transactions.
- Any purchase for a product that is listed at an incorrect price may be canceled. This shall be regardless of whether the order has been confirmed and/or payment levied. In the event the payment has been processed, the same shall be credited to your account and duly notified to you by email.
- In a credit card transaction, you must use your own credit card. VRC OF COMMERCE.com will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to ‘prove otherwise’ shall be exclusively on the user.
- Payment gateway takes 24-48 hrs. to confirm the payment to check for fraudulent transactions.
- The User agrees to use the services provided by VRC OF COMMERCE.com, its affiliates, consultants educational sites, for lawful purposes only. The VRC OF COMMERCE may assign any or all of its rights under these Terms to its Affiliates without the consent of the User.
- Any attempt by a User to deliberately damage the Site or undermine the legitimate operation of the Site is in violation of Criminal and Civil Laws and should such an attempt be made, VRC OF COMMERCE reserves the right to seek damages/injunction from any such User to the fullest extent permitted by law.
- The User agrees to provide authentic and true information. VRC OF COMMERCE.com reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found not to be true (wholly or partly), VRC OF COMMERCE.com has the right in its sole discretion to reject the registration and debar the User from using the Services available at this website, and/or other affiliated websites without prior intimation whatsoever.
- This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Delhi shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by VRC OF COMMERCE. and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Delhi. The High Court of Jurisdiction at Delhi alone shall have the jurisdiction and the Laws of India shall apply.
- VRC OF COMMERCE.com expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of VRC OF COMMERCE.com or any third party’s intellectual property rights. All rights, including copyright, in this website, are owned by or licensed to VRC OF COMMERCE.com. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of VRC OF COMMERCE.com. You may not modify, distribute or re-post anything on this website for any purpose.
- The VRC OF COMMERCE.com names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of VRC OF COMMERCE. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
- All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of VRC OF COMMERCE.com and protected by Indian and international copyright laws. The Contents and software on this Site may be used only as a shopping and tutoring resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by VRC OF COMMERCE.com.
- You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, VRC OF COMMERCE.com shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
- You agree to defend, indemnify and hold harmless VRC OF COMMERCE.com, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to VRC OF COMMERCE.com but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
- The users have read and agree to the VRC OF COMMERCE.com terms and conditions and also agree to receive promotional e-mailers and SMS’s.
- This User Agreement is effective unless and until terminated by either you or VRC OF COMMERCE.com. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. VRC OF COMMERCE.com may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to VRC OF COMMERCE.com. Upon any termination of the User Agreement by either you or VRC OF COMMERCE.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise.
Your use of the VRC OF COMMERCE website vrcofcommerce.com is governed by the terms of the VRC OF COMMERCE Website Terms of Use and not by the terms of this Agreement.
- User Accounts. When you register for the VRC OF COMMERCE Service, you must create a user account (“Account”). You will promptly update all Account information to keep it true, accurate, and complete. You will be responsible for all activities that occur under your Account, user name, and password and you agree to keep your password confidential. You agree to notify us immediately of any unauthorized use of your user name or password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your username and/or password if we believe that your Account is no longer secure. You will not: (a) provide any false personal information as part of your Account information or in connection with the VRC OF COMMERCE Service; (b) create an Account for anyone other than yourself; (c) create or use more than one Account at any given time; (d) transfer your Account to anyone else; (e) permit others to use your Account; or (f) use or access any other person’s Account.
- User Content
2.1 License. You hereby grant to VRC OF COMMERCE an irrevocable, non-exclusive, royalty-free and fully paid, worldwide, transferable license, with the right to sublicense through multiple tiers, to reproduce, distribute, modify, publicly display, publicly perform, prepare derivative works of, transmit, and otherwise use (a) your Public Content in any manner and for any purpose and (b) your User Content for the purpose of providing you the VRC OF COMMERCE Service. “User Content” means any and all messages, comments, annotations, notes, stickies, and other content and information that a user submits to, posts on, or makes available to the VRC OF COMMERCE Service, excluding Public Content. “Public Content” means any and all messages, comments, annotations, notes, and other content and information that a user submits to, posts on, or makes available to areas designated as public areas on the VRC OF COMMERCE Service or the VRC OF COMMERCE Store. You represent and warrant that: (a) you have the right to grant the foregoing license and to post, submit, and make available your User Content and Public Content; and (b) your User Content and Public Content will not infringe, misappropriate, or violate any third party rights (including any intellectual property rights). You are solely responsible for your User Content and Public Content.
2.2 User Guidelines. You represent, warrant, and agree that:
- You will comply with all applicable laws, including privacy laws and intellectual property laws
- You will not post inappropriate, inaccurate, or objectionable content
- You will not bully, harass or advocate harassment of another user or person
- You will not solicit passwords or Personal Data of any kind for commercial or unlawful purposes from other users, or engage in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes
- You will not post content that contains “junk mail” or “chain letters”
- You will not post content that is obscene or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
- You will not post or upload any virus, time bomb, worm, corrupted file, or another software routine capable of disrupting, disabling, or harming the operation of, or providing unauthorized access, to the VRC OF COMMERCE Service or the VRC OF COMMERCE Store
- You will not use the VRC OF COMMERCE Service or the VRC OF COMMERCE Store to do or promote anything that is unlawful, illegal, misleading or defamatory
- You will not promote, or upload or post anything that contains, an illegal and/or unauthorized copy of another person’s copyrighted work (whether marked as such or not)
- Your use of the VRC OF COMMERCE Store, VRC OF COMMERCE Service, and your User Content and Public Content will not otherwise create liability for VRC OF COMMERCE.
If you violate the guidelines listed above or any other guidelines posted on the VRC OF COMMERCE Store or the terms of this Agreement, or if VRC OF COMMERCE believes that any of your conduct or content is offensive or illegal, violates the rights of, harms, or threatens the safety of third parties, or may create liability for VRC OF COMMERCE or third parties, VRC OF COMMERCE reserves the right (but is not obligated) to investigate and take appropriate legal action in its sole discretion, including removing such content from the VRC OF COMMERCE Service or the VRC OF COMMERCE Store, notifying the appropriate authorities regarding the source of such content, barring violators from accessing the VRC OF COMMERCE Service or the VRC OF COMMERCE Store, and terminating the Accounts of such violators.
- VRC OF COMMERCE Store Terms of Sale. VRC OF COMMERCE makes available Digital Content for purchase by you through the VRC OF COMMERCE Store (each content item designated as such by VRC OF COMMERCE, an “Item”). Prices are displayed with the applicable Item. Prices and availability of all Items are subject to change at any time. VRC OF COMMERCE reserves the right to discontinue or suspend the provision of any Item at any time. You must provide valid credit card billing information or other payment information to purchase a license to an Item. You agree that VRC OF COMMERCE may charge fees to your credit card or other payment accounts for licenses to Items that you purchase and that you will pay all applicable fees assessed to your Account. Our prices are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies, and duties. In the event of a conflict between the prices displayed for any Item, the price shown at the time you check out your order will be the price charged to you. VRC OF COMMERCE is not responsible for pricing errors; however, if the price you pay for an Item is higher than its true price, VRC OF COMMERCE, in its sole discretion, may grant you a credit for the amount exceeding the true price. On occasion, technical problems may prevent or unreasonably delay download of the Item for which you have purchased a license hereunder, in which case your sole and exclusive remedy will be a replacement as determined by VRC OF COMMERCE. Upon your download of an Item, you are responsible for any loss, damage, or deletion of that Item and VRC OF COMMERCE will have no liability to you for any loss, damage, or deletion of that Item.
- Proprietary Rights
4.1 Use of the VRC OF COMMERCE Service. Subject to the terms and conditions of this Agreement, VRC OF COMMERCE grants you, during the term of this Agreement, permission to access and use the VRC OF COMMERCE Service solely for your personal, non-commercial purposes.
4.2 Use of Items. Subject to the terms and conditions of this Agreement and the payment of all applicable fees for the Item, VRC OF COMMERCE grants you a non-exclusive, non-transferable, revocable license to download and use each Item in accordance with the Usage Rules posted on the VRC OF COMMERCE Store solely for your personal, non-commercial purposes as part of the VRC OF COMMERCE Service during the period designated for such Item on the VRC OF COMMERCE Store. Additional terms relating to the Items may be posted on the VRC OF COMMERCE Store.
4.3 Restrictions. You will not: (a) permit any third party to access or use the VRC OF COMMERCE Store or VRC OF COMMERCE Service using your VRC OF COMMERCE Account; (b) rent, lease, loan, sell, license, or transfer the VRC OF COMMERCE Store or VRC OF COMMERCE Service to any third party or exploit the VRC OF COMMERCE Store or VRC OF COMMERCE Service for commercial purposes; (c) interfere with, disrupt, alter, translate, or modify the VRC OF COMMERCE Store or VRC OF COMMERCE Service or any part thereof, or create an undue burden on the VRC OF COMMERCE Store or VRC OF COMMERCE Service or the networks or services connected to the VRC OF COMMERCE Store or VRC OF COMMERCE Service; (d) reverse engineer, decompile, disassemble, or reverse compile the VRC OF COMMERCE Store or VRC OF COMMERCE Service; (e) introduce software or automated agents or scripts to the VRC OF COMMERCE Store or VRC OF COMMERCE Service so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the VRC OF COMMERCE Store or VRC OF COMMERCE Service; (f) transmit, modify, publish, sell, rent, lease, loan, distribute, license, or otherwise transfer any Item or any portion thereof or rights therein; (g) display, perform, or reproduce any Item except as permitted under Section 4.2; (h) remove or modify any proprietary notices or labels on any Item; or (i) bypass, modify, defeat, circumvent, or tamper with security or digital rights management features that protect or limit access to or use of any Item.
4.4 Ownership. VRC OF COMMERCE and its licensors own the VRC OF COMMERCE Store, VRC OF COMMERCE Service, the Items, and all other content (except for your User Content and Public Content) contained within the VRC OF COMMERCE Store and VRC OF COMMERCE Service, and all intellectual property rights relating to the foregoing. Any unauthorized reproduction, modification, distribution, transmission, display, or performance of any portion of the VRC OF COMMERCE Store, VRC OF COMMERCE Service, the Items, or any other content (except for your User Content and Public Content) contained in the VRC OF COMMERCE Store or VRC OF COMMERCE Service is strictly prohibited. VRC OF COMMERCE and its licensors reserve all rights not expressly granted under this Agreement. There are no implied licenses in this Agreement. Despite any use of the terms “purchase,” “buy,” “sell,” “sale,” or similar terms, all Items and the applicable copies thereof are licensed to you under this Agreement, not sold.
4.5 Feedback. By providing comments, suggestions, and other feedback relating to the VRC OF COMMERCE Store, VRC OF COMMERCE Service, Items, VRC OF COMMERCE’s business, and VRC OF COMMERCE’s current and future products and services (collectively, “Feedback”) to VRC OF COMMERCE, you grant to VRC OF COMMERCE an irrevocable, non-exclusive, royalty-free and fully paid, worldwide, transferable license, with the right to sublicense through multiple tiers, to reproduce, distribute, modify, publicly display, publicly perform, prepare derivative works of, transmit, and otherwise use and exploit such Feedback, in any format or medium now VRC OF COMMERCE own or developed in the future, for any purpose and in any manner. VRC OF COMMERCE will have no obligation to compensate you in connection with any Feedback.
- Interaction with Other Users. You are solely responsible for your interactions with other users. VRC OF COMMERCE reserves the right but has no obligation, to monitor or take any action regarding disputes between you and other users. To the extent permitted under applicable law, you hereby release VRC OF COMMERCE from any and all claims or liability related to (a) any content posted on the VRC OF COMMERCE Service or the VRC OF COMMERCE Store; or (b) the conduct, whether online or offline, of any other user.
- Third Party Websites. Our VRC OF COMMERCE Service and the VRC OF COMMERCE Store may contain links to Internet sites and services maintained by third parties. We do not control, operate or endorse in any respect information, products, or services on such third-party sites and are not responsible for their content. Many third-party sites and services have their own terms of use and privacy policies that differ from ours. This Agreement and the Privacy Policy only apply to our VRC OF COMMERCE Service, the VRC OF COMMERCE Store, and Items and do not apply to any other site or information, products, or services on such sites.
- Third Party Applications. VRC OF COMMERCE may permit third parties to develop applications for use in the VRC OF COMMERCE Application and to provide services for use with such applications (“Third Party Applications and/or Services”). Each Third Party Application and/or Service is provided subject to the terms of the third party providing such Third Party Application and/or Service. VRC OF COMMERCE is not a party to such terms, and such third party is solely responsible for the Third Party Application and/or Service it provides and any associated warranties.
- Availability and Modification of VRC OF COMMERCE Store and VRC OF COMMERCE Service. VRC OF COMMERCE reserves the right, from time to time, to suspend, modify, or discontinue the VRC OF COMMERCE Store and/or VRC OF COMMERCE Service, in whole or in part, with or without notice. You agree that VRC OF COMMERCE will not be liable to you or to any third party for any modification, discontinuance, or suspension of the VRC OF COMMERCE Store and/or VRC OF COMMERCE Service, in whole or in part. You grant VRC OF COMMERCE the right to disable access to any Item or remotely remove that Item from your VRC OF COMMERCE Account and expressly consent to such disablement or removal, provided that VRC OF COMMERCE will not exercise such right unless VRC OF COMMERCE determines that such Item may create liability for, or harm to, you, VRC OF COMMERCE, or any third party, in which case your sole and exclusive remedy will be a refund of the Item price (including any tax paid).
- Term and Termination. If you fail to comply with any of the provisions of this Agreement, VRC OF COMMERCE, at its sole discretion and without notice to you, may terminate this Agreement. You may terminate this Agreement by sending an e-mail to vrcofcommerce@gmail.com. Upon such termination by either party, your right to access and use the VRC OF COMMERCE Store and VRC OF COMMERCE Service will terminate immediately. You will remain liable for all amounts due under your Account up to and including the date of termination and you may keep your Account open for the sole purpose of accessing Items purchased by you prior to termination provided that you continue to comply with the terms of the license thereto, including the Usage Rules. You agree that we will have no liability to you for any costs, expenses, losses, damages, or liabilities relating to such termination and that VRC OF COMMERCE may delete your User Content and Public Content from its servers and databases upon such termination. Notwithstanding any termination, the following provisions of this Agreement will remain in effect: Sections 2.1, 4.3, 4.4, 4.5, 5, and 8 through 19.
- Warranty Disclaimer.TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, VRC OF COMMERCE(AND ITS SUPPLIERS) PROVIDES THE VRC OF COMMERCE STORE, VRC OF COMMERCE SERVICE, ITEMS, AND ALL OTHER INFORMATION AND CONTENT ON THE VRC OF COMMERCE STORE AND OTHERWISE IN CONNECTION WITH THIS AGREEMENT “AS-IS” AND “AS AVAILABLE” AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. USE OF THE VRC OF COMMERCE STORE, VRC OF COMMERCE SERVICE, ITEMS, AND ALL OTHER INFORMATION OR CONTENT ON THE VRC OF COMMERCE STORE OR OTHERWISE PROVIDED BY VRC OF COMMERCE (OR ITS SUPPLIERS) IN CONNECTION WITH THIS AGREEMENT IS AT YOUR OWN RISK. VRC OF COMMERCE (AND ITS SUPPLIERS) MAKES NO WARRANTY THAT THE VRC OF COMMERCE STORE, VRC OF COMMERCE SERVICE, ITEMS OR ANY OTHER INFORMATION OR CONTENT ON THE VRC OF COMMERCE STORE OR PROVIDED BY VRC OF COMMERCE (OR ITS SUPPLIERS) IN CONNECTION WITH THIS AGREEMENT WILL: (A) BE COMPLETE, CURRENT, UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, RELIABLE, OR ERROR-FREE; OR (B) PROVIDE ANY SPECIFIC RESULTS OR MEET YOUR REQUIREMENTS. YOU AGREE THAT VRC OF COMMERCE IS NOT RESPONSIBLE FOR ANY FAILURE TO BACK UP ANY PORTION OF ITEMS DOWNLOADED BY YOU OR YOUR USER CONTENT OR PUBLIC CONTENT. VRC OF COMMERCE DOES NOT ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES CONDUCTED ON THE VRC OF COMMERCE STORE OR VRC OF COMMERCE SERVICE.
- Limitation of Liability.TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, (A) VRC OF COMMERCEWILL NOT BE LIABLE FOR ANY LOSS OF USE OR LOST PROFITS OR INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES RELATING TO THE VRC OF COMMERCE STORE, VRC OF COMMERCE SERVICE, ITEMS, OR ANY OTHER INFORMATION OR CONTENT ON THE VRC OF COMMERCE STORE OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, EVEN IF VRC OF COMMERCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) VRC OF COMMERCE’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE VRC OF COMMERCE STORE, VRC OF COMMERCE SERVICE, ITEMS, AND ANY OTHER INFORMATION AND CONTENT ON THE VRC OF COMMERCE STORE AND OTHERWISE
- User Indemnification. You agree to indemnify and hold VRC OF COMMERCE, its subsidiaries, affiliates, directors, officers, agents, and employees harmless from any and all losses, damages, liabilities, claims, demands, costs, or expenses, including reasonable attorneys’ fees, relating to your: (a) User Content or Public Content; (b) use of the VRC OF COMMERCE Service; (c) breach of this Agreement; (d) breach or inaccuracy of any representation or warranty made under this Agreement; or (e) violation of any applicable law or any right of any third party.
- Copyright Policy. You may not post, distribute, or reproduce in any way any VRC OF COMMERCE copyrighted material, trademarks, or other proprietary information unless you have the right to do so. It is VRC OF COMMERCE’s policy to, in its sole discretion; terminate the Account of any user who repeatedly infringes copyright rights of VRC OF COMMERCE or third parties. If you believe that your work has been copied and posted on the VRC OF COMMERCE Service or the VRC OF COMMERCE Store in a way that constitutes copyright infringement, please follow the requirements for appropriate notifications under Indian Copyright Act. At a minimum, you must provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; an identification of the location on the VRC OF COMMERCE Service or the VRC OF COMMERCE Store of the material that you claim is infringing; your address, telephone number, and email address; a written 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 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. VRC OF COMMERCE’s Copyright Agent for notice of claims of copyright infringement can be reached by writing email at vrcofcommerce@gmail.com.
- Disclosures. VRC OF COMMERCE is located at Bangalore and Bhilai.
- Electronic Communications. The communications between you and VRC OF COMMERCE use electronic means, whether you use the VRC OF COMMERCE Service or the VRC OF COMMERCE Store or send us emails, or whether VRC OF COMMERCE posts notices on the VRC OF COMMERCE Service or the VRC OF COMMERCE Store or communicates with you via email. For contractual purposes, you (a) consent to receive communications from VRC OF COMMERCE in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that VRC OF COMMERCE provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
- Governing Law; Arbitration. This Agreement, and any claim, dispute or controversy relating to this Agreement, will be governed by the laws of California, without giving effect to any conflicts of laws principles that require the application of the laws of a different jurisdiction. Any action or proceeding relating to this Agreement must be brought in a federal or state court located in Santa Clara County, California and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding, except that: (i) a party bringing an action may choose to resolve the dispute through binding non-appearance-based arbitration in accordance with the following: (a) the arbitration will be provided through a nationally-recognized alternative dispute resolution provider mutually agreed upon by the parties; (b) the arbitration will be conducted in one or more of the following manners at the option of the party initiating arbitration: telephone, online, or written submissions; (c) the arbitration will not involve any personal appearances by the parties or witnesses unless otherwise agreed by the parties; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction; and (ii) VRC OF COMMERCE may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information.
- General. The parties are independent contractors. If any provision of this Agreement is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. All waivers by VRC OF COMMERCE will be effective only if in writing. Any waiver or failure by VRC OF COMMERCE to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. You acknowledge that the VRC OF COMMERCE Store and VRC OF COMMERCE Service contain valuable trade secrets and proprietary information of VRC OF COMMERCE, that any actual or threatened breach of Section 4 of this Agreement will constitute immediate, irreparable harm to VRC OF COMMERCE for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. The headings of Sections of this Agreement are for convenience and are not to be used in interpreting this Agreement. “Includes” and “including” are not limiting. This Agreement and the documents referred to herein or incorporated by reference constitute the final, complete, and exclusive agreement between the parties regarding the subject hereof and supersede all prior or contemporaneous agreements, understandings, and communication, whether written or oral.
- Changes. We may amend this Agreement, the Privacy Policy, or the Usage Rules from time to time. Except as otherwise provided in this Agreement, if we make material changes to this Agreement, the Privacy Policy, or the Usage Rules, we will notify you by posting the change on the VRC OF COMMERCE Store or sending you an e-mail at your primary email address, as specified in your Account. Except as otherwise provided in this Agreement, any changes to this Agreement, the Privacy Policy, or the Usage Rules will be effective immediately for new users of our VRC OF COMMERCE Service or the VRC OF COMMERCE Store; otherwise these changes will be effective upon the earlier of fifteen (15) calendar days following our dispatch of an e-mail notice to you or fifteen (15) calendar days following our posting of a notice on the VRC OF COMMERCE Store. You are responsible at all times for updating your Account to provide to us your most current e-mail address. If the last e-mail address that you have provided to us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our VRC OF COMMERCE Service or the VRC OF COMMERCE Store following notice of such changes shall indicate your acknowledgement of, and agreement to be bound by, such changes. Except as otherwise provided in this Agreement, no amendment to this Agreement, the Privacy Policy, or the Usage Rules will be valid unless in a writing hand-signed by the parties.
- Trademark and Copyright Notice. VRC OF COMMERCE, the VRC OF COMMERCE logo, and other names, slogans, graphics, logos, and trade names used on the VRC OF COMMERCE Service are the trademarks of VRC OF COMMERCE and may not be used without VRC OF COMMERCE’s permission. Third-party trademarks, service marks, and trade names that may appear on the VRC OF COMMERCE Service or the VRC OF COMMERCE Store are the property of their respective owners. Copyright © 2010, VRC OF COMMERCE, Inc.
