Terms & Conditions

Updated September 08, 2018

Welcome to SoulCurry! Before you use our website, you must read and agree to these Terms of Use and the following terms, conditions and policies, (collectively, the "Terms") and SoulCurry’s privacy notice, which is published at www.knot9.com and which is incorporated herein by reference.

Acceptance of Terms of Use

SoulCurry provides this website to You, Your Agents, and any other entity on whose behalf You accept these terms (collectively “You” or “Your”), subject to these terms (“Terms”). These terms are entered between, You and SoulCurry Media Technology LLP “SOULCURRY” (hereinafter referred to as the “Soulcurry”), having its offices at Unit No. 12 and 14, B-Block, 4th Floor, Crown Plaza Mall, Sector 15A, Faridabad, Haryana, India. You accept these Terms by using the website in any manner; and/or (b) acknowledging agreement with these Terms. If You do not agree to all of these Terms, please do not use this website.

You should visit this page periodically to review Terms. SoulCurry at its sole discretion may modify or revise these Terms at any time, and You agree to be bound by such modifications or revisions.

Knot9.com and any and all websites owned and operated (including but not limited to sites with domain “knot9.com” ) by SoulCurry (“Website”) includes without limitation: content such as video, data, text, software, music, sound, photographs, graphics, messages, information You provide when You sign up to use Website, or other materials (“Content”) ; SoulCurry controls and operates its Website from various locations and makes no representation that this Website is appropriate or available for use in all locations. SoulCurry products and services may not be available in Your location and deliverables may vary among locations. If You are using the Website on behalf of Your principal, You represent and warrant that You are authorized to accept these Terms on Your principal’s behalf.

1. GENERAL

1. This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable, and the amended provisions pertaining to electronic records in various statutes, as amended by the Information Technology Act, 2000.




2. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Website www.knot9.com and all subdomains (hereinafter referred to as the “Website”) which is owned and operated by SoulCurry where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.




3. For the purpose of these Terms of Use (“Terms”), wherever the context so requires,

   
   

   1. The term ‘You’ &‘User’, shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872.

   2. The terms ‘we’, ‘us’, ‘our’ shall mean the Website and/or the SoulCurry, as the context so requires.

   3. The term ‘Services’ shall mean the business of providing a stock footage library of Indian stock footages, which Users can purchase from the Website.

   4. The terms ‘Party’ and ‘Parties’ shall respectively be used to refer to the User and the SOULCURRY individually and collectively, as the context so requires.




4. The Soulcurry reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Website and the Services.If the User does not adhere to the changes, You must stop using the Services at once. Your continuous use of the Services will signify your acceptance of the changed terms.

2. REGISTRATION

To fully avail the Services of the Website and use of it, a one-time registration is required for Users, including name, address, phone number, email address, etc.

This information is used to provide Users with important services via e-mail, and information that may be customised to their demographic, interests, professional lives, business requirements and desired experience.

Registration for the Website is available only to those above the age of 18 years, barring those “Incompetent to Contract” which inter alia include insolvents. If you are a minor, You may use the Website through your legal guardian and the SOULCURRY reserves the right to terminate your account on knowledge of you being a minor and having registered on the Website or availing any of its Services.

Further, You are solely responsible for protecting the confidentiality of Your User username and password, and any activity under the account shall be deemed to have been done by You. In the case that you provide us with false and/or inaccurate details or we have reason to believe you have done so, we hold the right to permanently suspend your account. You agree that you will not disclose your password to any third party, and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.

3. SERVICE OVERVIEW

The Website is a stock footage library which has the aim of providing cost-effective, royalty-free stock footage of Indian content. The SOULCURRY works with Indian models and is focused on creating content with Indian faces in an Indian environment. The stock footage is created by the SOULCURRY and a stock library is created on the Website, which Users can browse and purchase from.

4. CONTENT

All text, graphics, user interfaces, visual interfaces, photographs, trademarks,logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided by the SOULCURRY. All the Content displayed on the Website is subject to copyright and shall not be reused by any party (or third party) without the prior written consent of the SOULCURRY, which is the copyright owner.

The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Website. Users shall not copy, adapt, and modify any content without written permission of the SOULCURRY.

5. TERM

These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the Website.

A User may terminate their use of the Website at any time. The Soulcurry may terminate these Terms and close a User’s account at any time without notice and/or suspend or terminate a User’s access to the Website at any time and for any reason, in its sole discretion. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.

It is also hereby declared that the SoulCurry may discontinue the Website without any prior notice.

4. COMMUNICATION

The User expressly agrees that notwithstanding anything contained hereinabove, it may be contacted by the SOULCURRY or any of its affiliates/partners relating to any service availed of by the User on the Website or anything pursuant thereto and the User agrees to indemnify the SOULCURRY from any and all harassment claims. It is expressly agreed to by the Parties that any information shared by the User with the SOULCURRY shall be governed by the Privacy Policy.

5. CHARGES

Payment Methods

Upon availing of the Services, the Users agree and acknowledge that prices for different stock footage listed on the Website shall be in accordance with those displayed on the Website and shall be subject to change at any time. Further, Users shall be offered the payment methods as provided on the Website. The Users are solely responsible for the genuineness of credentials and payment information provided on the Website and the Website shall not be liable for any consequences, direct or indirect, resulting from the provision of incorrect or untrue credentials or payment information by any Users.

Further, the Website does not bear any liability for any activities, breaches, discrepancies or technical problems experienced by the Users whilst using the third-party payment gateway to make payments on the website.

6. USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT

The User agrees and acknowledges that they are a restricted User of this Website, and that they:

1. Agree to provide genuine credentials during the process of registration on the Website. You shall not use a fictitious identity to register.We are not liable if the User has provided incorrect information.

2. Agree to ensure the email address, address and mobile number provided during account registration are valid at all times and shall keep your information accurate and up-to-date. The User can update their details anytime.

3. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Website. Any such use/limited use of the Website will only be allowed with the prior express written permission of the SoulCurry.

4. Agree not to access (or attempt to access) the Website and/or the materials or services by any means other than through the interface provided by the Website. The SoulCurry disclaims any and all liabilities arising in relation to such offensive content on the Website.

5. Expressly agree and acknowledge that the Content displayed on the Website is owned by the SoulCurry and that the SoulCurry is the copyright owner of the same. The User may report any offensive or objectionable content, which the SoulCurry may then remove from the Website, at its sole discretion.

6. The Website permits the User to post, or upload data/information as User comments, feedback or reviews, and the User undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws.

The User further undertakes not to:

1. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;

2. Engage in any activity that interferes with or disrupts access to the Website or the Services provided therein (or the servers and networks which are connected to the Website);

3. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;

4. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

5. Post or share any image/file/data with the SOULCURRY that infringes the copyright, patent or trademark of another person or legal entity;

6. Post or share any image/file/data with any third-parties or other Users that contains confidential information from any other User without the express prior knowledge and consent of the respective User;

7. Violate any applicable laws, rules or regulations currently in force within or outside India;

8. Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;

9. Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public Order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.

10. Publish, post, or disseminate information that is false, inaccurate or misleading.

11. Engage in advertising to, or solicitation of, other Users of the Website to buy or sell any footages not currently displayed on the Website.

7. SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available to it, the SoulCurry may in its sole discretion limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s association with the Website, and/or refuse to usage of the Website to the User, without being required to provide the User with notice or cause:

1. If the User is in breach any of these Terms or the Policy;

2. If the User has provided wrong, inaccurate, incomplete or incorrect information;

3. If the User’s actions may cause any harm, damage or loss to the other Users or to the SoulCurry, at the sole discretion of the SoulCurry.

8. INDEMNITY

You (the User) agree to indemnify, defend and hold harmless the SoulCurry/Website, its independent service providers and consultants, and their respective directors, officers, employees and agents (collectively, "Parties"), from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these terms of use. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with:

1. Your use of the Website,

2. Any Discussions or Messages you provide;

3. Your violation of these Terms and Conditions;

4. Your violation of any rights of another;

5. Your alleged improper conduct pursuant to these Services;

6. Your conduct in connection with the Website;

7. Your internal disputes amongst other Users.

You agree to fully cooperate in indemnifying us at your expense. You also agree not to reach a settlement with any party without our consent.

In no event shall the SoulCurry/Website be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable.

9. LIMITATION OF LIABILITY

1. The Founders/ Promoters/ Associated people of the Website are not responsible for any consequences arising out of the following events:

   1. If the Website is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;

   2. if the User has fed incorrect information or data or for any deletion of data;

   3. if there is undue delay or inability to communicate through email;

   4. if there is any deficiency or defect in the products/services managed by the SOULCURRY;

   5. If there is a failure in the functioning of any other service provided by the Website.

10. INFORMATION CONTROL AND ACCURACY OF INFORMATION

The Website accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or to any third party, resulting from the use or misuse of the Website or any service availed of by the User through the Website. The Website will not be liable to you for the unavailability or failure of the Website.

1. Users may be held legally responsible for damages suffered by other Users, the Website or any third party as a result of legally actionable or defamatory comments, remarks, or other information or content posted to the Website.

2. Users are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.

3. The Website expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Website and which is incurred by you in connection with the Website, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.

4. To the fullest extent permitted by law, the Website shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Website.

Further, it is stated that all information provided by the User has to be checked by the concerned Party for genuineness, and the same shall be liable to be used only after performance of the necessary checks. The Website shall not bear any liability in this regard.

11. INTELLECTUAL PROPERTY RIGHTS

Unless expressly agrees to in writing, nothing contained herein shall give the User a right to use any of the Website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms.

The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

12. DISCLAIMER

1. The User agrees and undertakes that they are accessing the Website and transacting at their sole risk and are that they are using their best and prudent judgment before availing any service listed on the Website, or accessing/using any information displayed thereon.

2. The SoulCurry/Website does not guarantee that the functions, products and services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website.

3. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

13. FORCE MAJEURE

Neither the SOULCURRY nor the Website shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising there from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

1. Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;

2. Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the SoulCurry, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings. The arbitration shall be conducted in English, and the jurisdiction of Arbitration shall be the city of Faridabad, Haryana, India.

3. The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India.

14. NOTICES

Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the SoulCurry by the User by calling customer support at 9350522988 or care@knot9.com.

15. MISCELLANEOUS PROVISIONS

1. Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the SOULCURRY with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.

2. Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.

3. Contact Us: If you have any questions about this Agreement, the practices of the Website, or your experience with the Service, you can contact us at 9350522988 or care@knot9.com.