Terms and Conditions

Photographers Association Uttar Pradesh (“PAUP”) is a website (“Site”) which has a photography directory of Professional photographers. These Terms of Use (“Terms”) set forth the legally binding terms for your use of the Services. The Terms are applicable to a “Visitor” (meaning you simply browse the Site) and a “Member” (meaning you have registered with and/or submitted content to the Site as a registered member of PAUP), and you agree to be bound by these Terms. The Terms include your rights, obligations and restrictions regarding your use of the Services (defined hereunder). If you do not agree with the Terms, please leave the Site and discontinue use of the Services immediately.

If you wish to become a Member, submit content, video or images, communicate with other Members / Visitors and generally make use of the Services, you must read the Terms and indicate your acceptance of the same during the content submission process.

The Terms shall remain in full force and effect while you use the Services or are a Visitor / Member on the Site. PAUP may terminate your use of the Site and/ or Services, in its sole discretion, for any reason or no reason whatsoever, at any time, without any prior warning or notice to you.

 

SERVICES

PAUP is a unique photography directory of Uttar Pradesh’s photographers. It is a listing service to help pair couples with their ideal photographer. PAUP may offer other features, content or applications offered from time to time in connection with the Site/ PAUP.

 

TERMS OF USE FOR A VISITOR

Disclaimer for use of Services:

Each photographer is an independent business entity and therefore responsible for his or her own services. These independent businesses have unique pricing structures and package offerings that can accommodate your needs. Links to other web sites for photographers and references to products and services offered by Members, advertisers or sponsors are provided for convenience only, and do not constitute an endorsement, recommendation or approval by the PAUP of (i) the individuals that operate linked web sites; (ii) the content on linked web sites; or (iii) such third party products and services.

Your correspondence or business dealings with, photographers, advertisers, or any other third-

party (“Third Parties”) found on or through the PAUP, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third Parties. You agree that PAUP shall not be responsible or liable for any loss or damage whatsoever incurred as a result of any such dealings or as a result of the presence of such Third Parties on the PAUP website.

 

Disclaimer of Warranty:

PAUP and its affiliates, employees, agents, partners and licensors make no warranty that (i) the Services will meet your requirements; (ii) the Services will be uninterrupted, timely, secure or error free; (iii) the results that may be obtained from the use of the Services will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the Services will meet your expectations; and (v) any errors in the software will be corrected.

Any material downloaded or otherwise obtained through the use of the Services is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from PAUP or through or from the PAUP services shall create any warranty not expressly stated in the to’s.

 

Content Disclaimer:

As we have no control or responsibility over web sites or content maintained through links, or for products and services offered by Third Parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk. As a Visitor to our Site, you acknowledge and agree that any reliance on information available on this web site (or links) shall be entirely at your own risk. We are not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the contents, products and/ or services offered by a Third Party, including but not limited to decisions based on any content in the Site, which results in any loss of data, revenue, profits, property, infection by viruses etc.

 

This Site contains links to many websites. We have no control over the content and cannot ensure it will not be offensive or objectionable. We will, however, remove links to Member websites (and terminate Membership) that we feel is inappropriate as we become aware of them.

 

For Non-Commercial Use Only:

We provide Services for your personal and non-commercial use only. You may view, use, copy, and distribute the materials found on the Site for internal, non-commercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to PAUP. You may not use the Site to compile a collection of listings, including a competing listing product or service. You may not use the Site for any unsolicited commercial e-mail. Without limiting the generality of the foregoing, you agree that you shall not copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any Third Party Content appearing on or through the Site. Unauthorized access, reproduction, redistribution, transmission and/or dealing with any information contained on the Site in any other manner, either in whole or in part, are strictly prohibited, failing which strict legal action will be initiated against such Visitors.

 

IP Policy:

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to PAUP or others (including without limitation Third Party content or PAUP content) without obtaining the prior written consent of the owner of such copyrighted material, trademarks, or other proprietary information. If we become aware that one of our Visitors is an infringer, it is our policy to take reasonable steps within our power to terminate that Visitor.

 

Limitation of liability:

In no event shall PAUP be liable to any Visitor on account of such Visitor’s use, misuse or reliance on content available on the Site for any damages whatsoever, including direct, special, punitive, indirect,

 

consequential or incidental damages or damages for loss of profits, revenue, use, or data whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory. PAUP does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the Site or other material accessible from the Site.

 

You assume all responsibility and risk for the use of this Site and the internet generally. The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law. Some countries do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all Visitors; in such country’s liability is limited to the fullest extent permitted by law.

 

TERMS OF USE FOR MEMBERS

Grant of License to Use Content uploaded on Site:

PAUP does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Member Content”) that you upload to, submit to, or embed on the Site. You represent and warrant that you own the Member Content posted by you on or through the Site or that you otherwise have sufficient right, title and interest in and to such Member Content to grant PAUP the licenses and rights set forth below without violating, infringing or misappropriating the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Member Content posted by you to or through the Site.

 

After posting, uploading or embedding Member Content to the Site, you continue to retain such rights in such Member Content as you held prior to posting such Member Content on the Site and you continue to have the right to use your Member Content in any way you choose. However, by displaying or publishing (“posting”) any Member Content on or through the Site, you hereby grant to PAUP a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, display, reproduce, adapt, modify (e.g., re-format), re-arrange, and distribute your Member Content through any media now known or developed in the future. Photographs used on the Site or in any PAUP publication will include attribution to the Member and/or copyright holder.

 

This license will terminate at the time you remove your Member Content from the Site, except as to any Member Content that PAUP has sublicensed prior to removal of your Member Content from the Site, which license shall continue in perpetuity.

 

Procedure for Making Claims Of Copyright Or Intellectual Property Infringement:

PAUP respects the intellectual property of others, and we ask our Members and Visitors to respect the same. PAUP may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Members/ Visitors who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide PAUP representative the following information to enable us to take corrective action:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a 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;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

‘PAUP’ representative for Notice of claims of copyright or other intellectual property infringement can be reached at the following email id:

mailtopaup@gmail.com

Trademark Information:

You agree that all of ‘PAUP’ trademarks, trade names, service marks and other ‘PAUP’ logos and brand features, and product and service names are trademarks and the property of PAUP. Without PAUP’ prior permission, you agree not to display or use in any manner.

 

Revocation/ Suspension of Membership:

PAUP reserves the right at its sole discretion to refuse, suspend or revoke membership privileges of Members at its discretion without prior notice or without stating a reason. PAUP may terminate membership without notice for conduct that violates these guidelines, or for any other reason, and may terminate Member privileges and delete any and all Member information for conduct that the PAUP believes is harmful to the business of the PAUP, or any of its Visitors and/or affiliates. Member’s actions (and/or their personal websites) if found in violation of the following items may be subject to immediate deletion and removal from the Site. The following is a non-exclusive list of content and behaviors that are UNACCEPTABLE on the Site as well as PAUP Member sites:

 

– Content that harasses or advocates harassment of another person;

– Content that exploits people in a sexual or violent manner;

– Content that contains nudity, violence, or offensive subject matter or contains a link to an adult website;

– Content that includes racially, ethically, or otherwise objectionable language;

– Content that is libelous, defamatory, or otherwise tortious language;

– Content that promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

– Content that promotes an illegal or unauthorized copy of another person’s copyrighted work;

– Content that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;

– Content that contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

– Content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

– Content that involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

Note: PAUP has a zero-tolerance policy for pornography/nudity. Photos on PAUP Member’s websites displaying slightly revealing attire or limited nudity in an artistic display is acceptable in some places (BUT NOT ALL). Partial or full-frontal nudity is NOT acceptable (despite any waiver produced by the Member from the subjects in such photographs).

 

Any member sites found to contain, promote, or link to such content are subject to immediate removal from the Site (and termination of membership). PAUP’s right to remove inappropriate User Content shall not be its sole right with respect to inappropriate User Content and PAUP expressly reserves the right to investigate and take appropriate legal action against anyone who, in PAUP’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.

 

Termination of membership from PAUP is sufficient notice of termination of the Terms.

 

Not For Solicitation:

Unlike the overwhelming majority of wedding photography-oriented web sites, we do not sell access to our databases of Member information or identities of Visitors, registrations, or usage for any purpose whatsoever. By using this site, you agree that the Site is:

 

– Not for recruiting purposes.

– Not for solicitation to buy memberships, advertising, merchandise, services or anything else.

– Not for gaining support for causes of any sort.

– Not for soliciting charitable contributions.

The Membership directory is the property of PAUP. Any full or partial reproduction or distribution of the information contained in this directory is strictly prohibited without express written consent of PAUP.

 

For Non-Commercial Use Only:

The PAUP Services contain Content of other Members and other PAUP licensors (“Third Party Content”) and you are permitted to access the Third-Party Content solely for your personal use in connection with viewing the Site and using the Services. Without limiting the generality of the foregoing, you agree that you shall not copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any Third-Party Content appearing on or through the Site.

 

Limitation of Liability:

You expressly understand and agree that PAUP and its affiliates, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages for any reason whatsoever.

 

Disclaimer of Warranty:

Your use of the Services are at your sole risk. The Services are provided on an “as is” and “as available” basis. PAUP and its affiliates, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. PAUP and its affiliates, employees, agents, partners and licensors make no warranty that (i) the Services will meet your requirements; (ii) the Services will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Services will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the Services will meet your expectations; and (v) any errors in the software will be corrected.

 

Any material downloaded or otherwise obtained through the use of the Services is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from PAUP or through or from the Services shall create any warranty not expressly stated in the Terms.

 

MISCELLANEOUS TERMS FOR VISITORS AND MEMBERS

Jurisdiction:

The Terms of Use presented on the Site are governed in accordance with the applicable laws of India. Any and all legal action (including court proceedings, claims, hearings, trials or other litigation) taken by or on behalf of the PAUP shall be held in court of competent jurisdiction in Delhi. You hereby consent to such jurisdiction without regard to your actual state, region or country of residence.

 

Applicability of Indian Laws:

These Terms will be governed by and construed in accordance with the Indian laws, without giving effect to its conflict of laws provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in India. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. We reserve the right to seek all remedies available at law and in equity for violations of these Terms.

 

Notices:

All of our notices, demands and other communications must be in writing and will be deemed to have been given (a) if sent by registered post acknowledgement due; (b) if delivered by a courier of international repute; (c) if sent by electronic mail;

 

The notice shall be sent to the address or e-mail address specified by the member at the time of applying for membership of PAUP.

 

Address for services on PAUP:

S-3/13, 14, Shastri Market, Indira Nagar,

Lucknow, Uttar Pradesh - 226016

Force Majeure:

In no event shall PAUP have liability or be deemed to be in breach hereof for any failure or delay of performance resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, network failure, riot, explosion, embargo, strikes (whether legal or illegal), terrorist act, labor or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within our control. Your payment obligations shall continue during any event of force majeure.

 

Indemnification:

You agree to indemnify hold PAUP harmless from and with respect to any claims, actions, liabilities, losses, expenses, damages and costs (including, without limitation, actual attorneys’ fees) that may at any time be incurred by us or them arising out of or in connection with these Terms, including, without limitation, any claims, suits or proceedings for defamation or libel, violation of right of privacy or publicity, criminal investigations, infringement of intellectual property, false or deceptive advertising or sales practices and any virus, contaminating or destructive features arising from Member Content posted on this Site and/ or any Third Party links posted by a Member on the Site or for any other claim raised on PAUP for any other reason whatsoever.

 

Entire Agreement:

These Terms constitutes the entire agreement between you and us with respect to the subject matter of these Terms and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in these Terms. If any provision or provisions of these Terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. These Terms may not be modified, except by writing signed by you and us.

 

The Terms maybe periodically changed/ amended/ revised without any prior notice at the sole discretion of the PAUP, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective immediately upon posting to the Site, and any use of the site after such revisions have been posted signifies your consent to such changes/ amendments/ revisions.