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Welcome to EmbDisk
Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions ("Terms").
By subscribing to or using any of our services of EmbDisk.com, you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
In these Terms, references to "you", "User" shall mean the end user accessing the Website, its contents and using the Services offered through the Website. "Service Providers" mean independent third party service providers, and "we", "us" and "our" shall mean EmbDisk.com, its franchisor, sellers and partners.
Introduction
EmbDisk.com website is an Internet based content and e-commerce portal operated by Embroidery Design Shop, a company incorporated under the laws of India. Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. EmbDisk.com at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof. You can find more information on About us page.
Services Offered
EmbDisk.com provides a number of Internet-based services through the Web Site (all such services, Online Design sharing, the "Service"). One such service enables users to purchase Digital Product such as Embroidery Designs, Embroidery Designs Consulting Service, Embroidery Designs Share. Upon placing an order and make Payment, EmbDisk.com shall display Instant Download Link for the Purchased product by Customer and They can Download each Purchased Product from their account & that with our not-refundable Terms. Refund will be issued in certain condition as per our cancellation & return policy.
Authorised Use of the Website and Application
The User is only authorized to use the Websites and the Services in accordance with the Terms and in good faith. In particular and without limitation Users (irrespective of whether they have purchased a Subscription or not) undertake that any access or downloads of any content available in the Websites or through the Services will always be the result of a genuine legitimate interest of the User and acknowledges that any method which artificially increases the number of downloads, accesses or clicks over such content is strictly prohibited under this Terms (including without limitation the generation of downloads, accesses or clicks over such content through any robots, spiders or any other mechanism, mobile application, program or tool) and will result in the cancellation of the User’s account by EmbDisk.com and the obligation for the User to indemnify EmbDisk.com for all damages suffered as a result of the User’s breach of this undertaking.
The User agrees not to use the Services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the User agrees not to partake in any conduct or action that could damage the Designs, Image, interests or rights of the Websites or third parties, particularly, the owners of the Collaborators Content, the Third Party Content or the Sponsored Content.
The User will not interfere with the functioning of the Websites or in the Services, in particular will not impersonate another user or person. The User agrees not to carry out any action that may damage, make unavailable, overload, deteriorate or impede the normal use of the Websites or the Services, which may impact the security of the Websites or the Services, or which may in any way interfere with the Services offered by EmbDisk.com. It is prohibited to use robots, spiders or any other mechanism, mobile application, program or tool to access, copy or control any part of the Websites or the Services in any way which is contrary to the ordinary use of the Websites or which infringes EmbDisk.com’s interests, without its express prior authorization. Likewise, it is prohibited to obtain or attempt to obtain the contents of the Websites using any method or system not expressly authorized by EmbDisk.com or which is not the ordinary method of accessing the Websites.
The User shall be responsible of ensuring prior to using the Services that the features of the Services meet the User’s needs and that has all requirements, equipment and software necessary for this purpose and of any costs required for the use of the Services.
The rights granted to the User under these Terms are personal and shall not be assigned to any third party (including affiliates or entities part of the same group of companies) totally or partially, by any mean, without the prior, express and written consent from EmbDisk.com.
When providing the Services, the Websites can publish advertising either related or not to the searched contents or the Services, which is expressly accepted by the User.
Registration
In order to use certain Services, the User must register; create a new account with Name and Mobile Number and activating an account by verifying mobile number. To this end, the User must provide a valid Mobile number where the User will receive notifications related to the Services. If the User is a legal entity or business, its username must be its full name or corporate name and the person registering on behalf of the legal entity or business declares that he/she is duly authorized to bind such legal entity or business and that such legal entity or business shall be bound to these Terms.
The User agrees to provide the mandatory information required for registration and also acknowledges that such information is true, complete and up to date. The User is solely responsible of keeping such information updated. Should the User provide false, outdated or incomplete information, or should EmbDisk.com have reasons to suspect it, EmbDisk.com reserves the right to suspend or cancel the User’s account.
The User must protect and keep confidential the account password and must not disclose it to third parties. The User must neither allow other Users to access the Services through the User’s account nor use the account of another User to access the Services. If EmbDisk.com found that user are sharing his information to other user or there are multiple users are using same services or multiple users are downloading designs from one subscription or one user are login to multiple devices then EmbDisk.com reserves the right to suspend or cancel the User’s account. Without prior notice to user and will not refund any subscription amount.
The User is responsible for all operations carried out through the User’s account through any device. If the User suspects that another user is using his account he/she should immediately inform EmbDisk.com.
EmbDisk.com may suspend or cancel the account of the User if it considers that the User has breached these Terms.
Third Party Content and Sponsored Content
Regarding the Third Party Content and Sponsored Content, the Website’s role is limited to complete the search requested by the User and to provide such content as a search result with a link to the relevant website together with specific related information. In some cases, in order to provide the User a better user experience and facilitate returning to the Services, the link can be presented within a EmbDisk.com frame, which can be removed by the User at any time.
EmbDisk.com is not the provider of the Third Party Content or the Sponsored Content and does not present itself as owner of such Content. Furthermore, displaying the search result and the link do not imply any relationship between EmbDisk.com and the third party responsible for the Third Party Content or Sponsored Content.
EmbDisk.com does not select, examine, control, guarantee, approve, sponsor or identify itself in any form with the Third Party Content or the Sponsored Content resulting of the searches made by the Users. The Third Party Content and the Sponsored Content are the sole responsibility of the third parties that make them available to the public over the Internet.
The User will be able to access the corresponding third party websites and download the Third Party Content and/or the Sponsored Content under the terms and conditions established by such third parties. EmbDisk.com shall not be a party or be involved in any way in the relationship between the User and the corresponding third party. The User undertakes to read and comply with the terms and conditions established by such third parties for the download and use of the Third Party Content and the Sponsored Content.
EmbDisk.com is not a party and does not take part in the relationship between the User and the third party that offers the Third Party Content or the Sponsored Content, and is not directly or indirectly responsible for the performance, omissions, errors, negligence or breaches of the Users or such third parties. Any claim from the Users regarding the Third Party Content or the Sponsored Content must be addressed to the third parties, which offer them in the linked website.
Responsibility
The User acknowledges and agrees that uses the Websites and its Services at the User’s own risk and under the User’s responsibility and therefore EmbDisk.com does not accept any responsibility for misuse or use in breach of these Terms.
The User will be responsible for any damages to EmbDisk.com resulting from the User’s use of the Websites and the Services in breach of the Terms and accepts to indemnify EmbDisk.com and its directors, employees, agents and representatives from any liability in which they may incur resulting from the User’s breach of these Terms.
EmbDisk.com does not warrant the availability or continuity of the Websites and the Services, neither its reliability, quality, completeness, accuracy or whether they are fit for a specific purpose or activity.
As way of example and without limitation, EmbDisk.com shall not be liable for any damages that may result from:
Interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, failure of the telecommunication networks or the User’s equipment which are not EmbDisk.com’s responsibility
Delays or unavailability of the Websites and the Services due to deficiencies or traffic overload on the Internet, in the communication network or the electricity grid. Third party actions Unavailability of the Websites and the Services due to maintenance or software updates Any other event beyond EmbDisk.com’s direct control
Save for EmbDisk.com’s wilful misconduct, and those cases in which due to the specific circumstances of the user involved or the nature of the matter, applicable law provides that liability cannot be limited by agreement, use of the websites and the services is at sole risk of the user and EmbDisk.com shall not be liable for any damage of any kind caused to the user as a result of using the websites and/or the services.
In accordance with Section 4 above regarding Third Party Content and Sponsored Content, EmbDisk.com acts exclusively as a provider of a search service as requested by the User, without assuming any responsibility for search results.
The insertion of links in the Services does not imply any relationship, recommendation or supervision by EmbDisk.com of the linked website and accordingly, EmbDisk.com does not accept any liability in relation to the content of any linked website except in the specific circumstances provided by applicable law.
In accordance with Section 4 above, regarding the Collaborator Contents, EmbDisk.com acts exclusively as the provider of the intermediation service between the offer of Collaborator Contents and the Users interested in downloading them, without any liability in relation to such contents, except for those cases expressly stated by Law.
EmbDisk.com will make all reasonable commercial efforts in order to ensure the accuracy of keywords and descriptions, as well as the identification of Content as exclusively for editorial use or any equivalent expression. However, EmbDisk.com NEITHER WARRANTS NOR MAKES ANY REPRESENTATION REGARDING ANY KEYWORD, TITLE OR DESCRIPTION; OR THE IDENTIFICATION OR LACK OF IDENTIFICATION OF ANY VISUAL CONTENT AS EXCLUSIVELY FOR EDITORIAL USE. For this reason and notwithstanding any other liability limitation that may be applicable in accordance with these Terms, EmbDisk.com shall neither indemnify nor assume any liability in connection with any claim resulting from inaccurate keywords, titles or descriptions, or from the use of the visual content identified as exclusively for editorial use.
Intellectual Property
All intellectual property rights over the Websites, the Services, and/or the Websites Content, its design, and source code, and all content included in any of them (including without limitation text, images, animations, data bases, graphics, logos, trademarks, icons, buttons, pictures, videos, sound recordings, etc.) belong or are licensed to EmbDisk.com.
Except as expressly authorized under Section 8, the reproduction or distribution, as well as transformation, producing any derivative works of any kind, public communication, making available, extraction, reuse or any other use of the Websites, the Services, the Websites Content or any of its parts, is strictly forbidden.
The Third Party Content and the Sponsored Content are protected by intellectual property rights, as appropriate, and belong to their owners. Although the Services can locate and provide access to these Contents, its download and use is subject to the conditions set by the relevant third party. EmbDisk.com is not the owner and cannot grant any license or authorization in relation to the Third Party Content or Sponsored Content. The User must obtain authorizations that are, in each case, required to use any Third Party Content or any Sponsored Content.
If the third party holder of a Third Party Content or Sponsored Content does not want to be included in EmbDisk.com search results, the third party can contact EmbDisk.com as indicated in Section 10. Regarding a specific Third Party Content or Sponsored Content appearing as search result, you can use the copyright complain that appears next to the result.
If you believe that any content infringes third party rights or does not comply with these Terms, you can report it to EmbDisk.com as set forth in Section 10. In addition, you can use the copyright infringement report system that is provided with any result in the Website.
Use of the Website’s Content
If you have any question regarding any content or believe that it infringes any right, that it does not comply with these Terms, or that is inappropriate, you can do so by contacting EmbDisk.com
EmbDisk.com authorizes the User to download and use the Websites Content under the terms of this Section. EmbDisk.com and its licensors reserve all rights over the Websites Content not expressly granted in this license to the User.
EmbDisk.com authorizes the User in a non-transferable, limited, non-exclusive, manner and on a worldwide basis for the duration of the relevant rights; to download, use and modify Content in the Websites Content, in a device the User owns or controls and only for the purposes and uses allowed in these Terms.
The User may use the content in the EmbDisk.com. Content provided that it: (i) does not involve collective use, (ii) the content in the EmbDisk.com. Content is not used in a manner that suggests an association or endorsement by EmbDisk.com or the Websites, (iii) the content in the EmbDisk.com. Content or any derivative work is not used or included (in whole or in part) in a database, archive or in any other media/stock product, collection, set of clips, or library, for distribution or resale or used in any other way that could prevent or limit future visits or downloads from the Websites (iv) does not resell, assign, transfer or sublicense the content in the EmbDisk.com. Content or any derived work from a Content in the EmbDisk.com. Content, (v) does not use the content in the EmbDisk.com. Content (totally or partially) in any trademark, logo or part of the same, which may be used by any other mean to guarantee or to imply a guaranty of any product and/or service, unless the content in the EmbDisk.com. Content used in such cases is modified in such a way as to be a new and different content not confusingly similar with the original content in the EmbDisk.com. Content or implies a use of the content in the EmbDisk.com. Content as a template or test, and not as a final item or material; (vi) does not make any use of the content in the EmbDisk.com. Content which might be considered defamatory, libelous, obscene, immoral or illegal, including, without limitation, using it in a way that places any person appearing in the content in the EmbDisk.com. Content in a negative light or depicts them in a way that they may find offensive such as the use in; ads for escort or similar services; political endorsements, birth control products; and (vii) does not make any use of the content in the EmbDisk.com. Content to slander, libel or to vilify; a person, race, sex, culture, religion, country, region, town, village or any other place.
When any Content of the EmbDisk.com. Content is marked or identified as for editorial use, or when within the same there are logos, recognizable products, public buildings, public events or images taken in places where recognizable persons appear on the background, the User shall only be entitled to use it for such editorial use. This means that in such cases the User undertakes not to use that Content in any manner that entails advertising, marketing or commercialization of any product or service. The User shall be directly liable and EmbDisk.com shall not assume any liability as a result of the use for commercial purposes by the User of any Content of the EmbDisk.com. Content, which according to this paragraph should be for editorial use only.
The authorization to use the content in the EmbDisk.com shall be free provided that any use of the Content in the EmbDisk.com by the User is credited to the relevant Website as stated by EmbDisk.com from time to time. In order to benefit from the Service to use the content in the EmbDisk.com without the credit to the relevant Website, the User must purchase a subscription (hereinafter, the “Subscription”) in the relevant Website and download the content in the EmbDisk.com during the term of any such Subscription. Conditions in Section 9 shall apply to the purchase of the Subscription.
The User does not acquire any right as a result of the use of the content in the Websites Content. In particular, the User is not authorized to distribute, resell or rent any content in the Websites Content (or any modification of any content in the Websites Content).
The User rights under this Section will end automatically without any notice if the User breaches any of the Terms. In case of termination of the rights hereunder, the User shall cease using content in the Websites Content and will destroy every copy, whether total or partial, thereof.
Cancellation of Fraudulent Orders
To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, EmbDisk.com reserves the right to cancel all past, pending and future orders without any liability. EmbDisk.com also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on website and Designs unavailability. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your card has been charged, the said amount will be reversed to your Card Account. Any promotional voucher used for the cancelled orders may not be refunded.Cancellation will be proceeds as per our cancellation policy.
Termination
EmbDisk.com may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms. If you or EmbDisk.com terminates your use of the Website or any Service, EmbDisk.com may delete any content or other materials relating to your use of the Service and EmbDisk.com will have no liability to you or any third party for doing so.
You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.
General and Contact Information
The use of the Websites and the Services shall be governed by Indian Law. Except for those cases in which applicable regulations impose a specific jurisdiction, any dispute in connection with these Terms shall be resolved by the Courts of Gujarat, and the Parties waive expressly any other applicable jurisdiction.
If any provision in these Terms is declared to be invalid or unenforceable, it shall be deemed that it had not been included. The remaining provisions in these Terms shall not be affected in anyway.
You may contact EmbDisk.com for any query or claim in:
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site.
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