Acceptance of Terms of Use
Thank you for visiting the www.sparshmedia.com (“Site” or “SparshMedia”). Please read these Terms of Use carefully. These Terms of Use govern your access and use of this Site which is hosted by Inmotionhosting, a company incorporated under the provisions of the Companies Act, 1956 with its registered office at ‘300 Union Blvd, Suite 200, Lakewood, CO 80228. By accessing or using this Site you confirm that you are competent to contract under the relevant local laws and that you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use. SparshMedia reserves the right to update the Terms of Use on the Site at its discretion at any time without prior notice. Any change or modification to the Terms of Use will be effective from the date of such update on the website. Your continued use of the Site following the modifications to the Terms of Use constitutes your acceptance of the modified Terms of Use. SparshMedia reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site.
You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.
SparshMedia Social Media Marketing is subject to additional terms of use found here: Social Media Marketing Terms and Conditions.
SparshMedia Hosting Services are subject to additional terms of use found here: Terms of use.
Eligibility to Use
Use of the Website is available only to such persons who can legally contract under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. shall not be eligible to use the Website.
Any minor desirous to use or transact on Website, is required to conduct such transaction through their legal guardian or parents.
By accepting the Terms or using or transacting on the Website, the User irrevocably declares and undertakes that he/she is of legal age i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between the Website and such User to the extent permissible under applicable laws.
Copyrighted Materials for Limited Use
This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property by sparshmedia., and/or its subsidiaries (referred to herein as “SparshMedia”) or the copyrighted property of parties from whom SparshMedia has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. SparshMedia reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. The logo design tools provided on this Site employ a limited number of elements, including icons, fonts, color schemes, and design effects. SparshMedia reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual logo design elements through your creation of a logo design and/or your incorporation of a logo design into one or more products. Other SparshMedia customers may use the design tools to create logos that have similar or identical combinations of these elements and SparshMedia does not guarantee that your logo will not have similarities to logos designed and used by other parties. SparshMedia provides no warranty of any kind that logo designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the logo design is legally available for your use and does not infringe the rights of another party.
Use of Site
You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through SparshMedia (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from SparshMedia does not entitle you to use any portion of Content apart from the finished Products as they are supplied by SparshMedia. You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize SparshMedia to produce the Products on your behalf. You may not use this Site to send or use e-cards in any manner that would constitute the transmission of Spam or unsolicited e-mails. You may not use scripting or other programs to automate the creation and/or transmission of e-cards. SparshMedia reserves the right, in its sole discretion, at any time, and without prior notice, to limit the number of recipients to which you may send an e-card and/or limit the number of e-cards that you may send.You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.
You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations.
You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. SparshMedia reserves the right, in SparshMedia’s sole discretion, to refuse to accept any content provided by you to SparshMedia or to process any order at any time and for any reason. SparshMedia also may terminate its service to and/or the accounts of customers found to be using SparshMedia to engage in undesirable activities or otherwise violating these Terms of Use.
You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products.
You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners.
You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products.
Taxes
Member agrees to pay GST or other similar taxes, whether international, national, state or local, however designated, which are levied or imposed or may be levied or imposed, with respect to this Agreement. Member is responsible and liable for any fees, including attorney and collection fees, that SparshMedia may incur in its efforts to collect any remaining balances due from Member. This Section shall in no way limit any other remedies available to SparshMedia at law or in equity.
Member agrees to mention GST registration number and Entity Name, if applicable. The Member will ensure that the GST registration number and the Entity Name, if applicable corresponds to the billing address provided, as no change in the said details will be allowed once the order is placed.
Member further acknowledges that SparshMedia will not be responsible for verification of GST registration number and the Entity name, if applicable. Any tax liability arising consequent to non-compliance of law or due to furnishing of incorrect GST registration number and the Entity name, if applicable shall be borne by the Member. In the event, if Member fails to furnish GST registration number at the time of placing the order, the Member will be treated as ‘unregistered’ and will not be able to avail any input tax credit.
In any case, the liability of SparshMedia under GST regime would be limited to the amount of tax charged by SparshMedia.