The domain name showflipper.com (hereinafter referred to as "Website") is owned by ShowFlipper Inc. (hereinafter referred to as the "Company"). Unless otherwise provided by context, wherever the rights, privileges and responsibilities of the Website are referred to, it shall mean to include the rights privileges and responsibilities of the Company.
As per the below stated terminology the terms,"You", "Seller", "Your" indicates any individual marketing and selling their products via our website or wants to market or sell his products via our website (hereinafter referred to as "Services").
As per the legal terminology stated below, the term "Buyer" point out to an individual or the group of individuals buying the products and/or services via our website.
"Showflipper.com", "Ourselves", "The Company", "Us" or "We" indicates to our Company.
Lastly, the term "Item" indicates any products being sold and/or services being rendered on the Company’s website.
Any function, or use of this terminology, or the words used in singular or plural, capitalization and/or he, she or they are considered as interchangeable and thus pertains as the similar one.
1.1. All of the Services you use require an account. Before using the Service, you must open an account by completing the required registration process. This will include providing the Website with current, complete and accurate information, including without limitation, your email address.
1.2. You may also be asked to choose a password and a user/account name. Your user/account name must be unique and cannot be vulgar or otherwise offensive (as determined by the Website at its sole discretion), nor should it infringe any trademark or other proprietary rights of a third party. Your user/account name can be used only in accordance with these Terms of Service and the Privacy Policy.
1.3. Your membership or subscription is personal to you and you may not transfer or make available your account name and password to others and you may not use anyone else's account at any time. The Website will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
2.1. The "Content" (data, information, software, graphics, photos, messages, videos, tags or any other material of art), either it is privately broadcasted or is posted publicly, are the sole responsibility of the person, the content to whom it belongs to.
Only you will be entirely responsible for the content uploaded, posted, emailed, transmitted or made available on the website by you.
We are not responsible for the content posted by you on our website.
You know and understand that, you shoulder the risk for uploading the offensive, objectionable or indecent content and you have no shield for the same. Under no circumstances, we "DO NOT" shoulder any risk or we will "NOT" be held liable for your content subject to the errors, omissions or mistake in the content, loss or damages incurred by anyone as a result of use of your content posted, emailed, electronically transmitted or otherwise made available.
You shall not host, display, upload, modify, publish, transmit, update, share or transfer using the website any content which:
A) Belongs to another person and to which You do not have any right.
B) 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 or unlawfully threatening or unlawfully harassing.
C) Is misleading in any way.
D) Is blatantly offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual.
E) Harasses or advocates harassment of another person.
F) Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming".
G) Infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number)] or rights of publicity.
H) Promotes an illegal or unauthorized copy of another person's copyrighted work ,providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices or items.
I) Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page).
J) Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone.
K) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
L) Contains video, photographs, or images of another person (of/with a minor or an adult).
M) Tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to Assets such as - profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
N) Engages in commercial activities and/or sales without our prior explicitly written consent such as contests, sweepstakes, barter, and advertising and pyramid schemes.
O) Solicits gambling or engages in any gambling activity which We, in Our sole discretion, believe is or could be construed as being illegal.
P) Interferes with another user's use and enjoyment of the Website or any other individual's user and enjoyment of similar services.
Q) Refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Service.
R) Harm minors in any way.
S) Infringes on any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall be termed as fraudulent or involve the sale of counterfeit or stolen items.
T) violates any law for the time being in force.
U) Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
V) Impersonate another person.
W) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource or contains any Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, and/or detrimentally interfere with, and/or diminish value of, and/or surreptitiously intercept and/or expropriate any system, data or personal information.
X) Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence(s) or prevents investigation of any offence(s) or is insulting any other nation(s).
Y) You also agree not to:
Use our message board for posting numerous identical messages or by creating "party boards" on them.
Forge headers or manipulate symbols and identifiers with an intention to camouflage the origin of any Content broadcast via this website.
Make available any Content that you do not possess any right to make available (such as Internal data, information, confidential information,proprietorship studied or revealed as a part of work relationship and/or under non-disclosure agreements) under any fiduciary and/or contractual relationship or under any law.
Intervene with or interrupt the Services, networks or servers linked to run this website or refuse any policies, terms, conditions, regulations or requirements of networks.
Gather and/or store the personal information of other users in connection with the prohibited behavior and actions explained in paragraphs above.
Any other act which is punishable under any law applicable in your jurisdiction.
2.2. As a condition of your use of the Services you will not use the Services for any purpose that is unlawful and/or prohibited by the terms, conditions, and notices included in these Terms of Service.
You shall not use the Services in any manner that could damage, disable, overburden, or impair any of the Website’s servers, or the network(s) connected to any such server, or interfere with any other party's use and enjoyment of any Services.
You shall not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any server or to any of the Services, through hacking, password mining or any other means.
You shall not obtain or attempt to obtain any materials and/or information through any means not intentionally made available through the Services.
You shall not reverse engineer, decompile or disassemble any software, including any proprietary communications protocol used by such software.
2.3. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us or otherwise engage in any conduct or action that might tarnish the image or reputation, of the Website or otherwise tarnish or dilute any of the Website’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us.
2.4. You shall at all times, ensure full compliance with the applicable provisions of the applicable laws including all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations and Intellectual and Creative Property Laws, (including, but not limited to Sales Tax/ VAT, Income Tax) regarding your use of our service.
2.4. You shall at all times, ensure full compliance with the applicable provisions of the applicable laws including all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations and Intellectual and Creative Property Laws, (including, but not limited to Sales Tax/ VAT, Income Tax) regarding your use of our service.
2.5. You agree to indemnify and hold the Website, harmless from any claim, demand, damage or loss including reasonable attorneys' fees, asserted by any third party due to and/or arising out of your use of the Services and/or use by any third party accessing the services using your account.
The Website shall not be liable in contract, tort, negligence or otherwise for any loss and/or damage what-so-ever arising from or in any way connected with your use of the Services or Site, whether direct or indirect, including, without limitation, any injury, loss, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, general damages or any direct, indirect, special, incidental, consequential, business interruption, loss of business information, or any other pecuniary or consequential loss (even where we have been notified by you of the possibility of such loss or damage).
3.1 You further agree to indemnify us and our service providers and licensors against any claims in respect of any such matter.
3.2 Without limiting the generality of the foregoing, you specifically acknowledge, agree and accept that we are not liable to you for
The defamatory, undesirable or illegal conduct of any other user of the Services.
Uploading of any content which is copyright protected or in any way is an Intellectual Property Right of a third party.
Any loss incurred in transmitting information from or to us or from or to our Websites by the internet or by other connecting media.
Any technical failures, breakdowns, defects, delays, interruptions, improper and/or manipulated data transmission, data loss and/or corruption or communications' infrastructure failure, viruses or any other adverse technological occurrences arising in connection with your access to or use of our Services.
The accuracy, completeness or currency of any information services provided on the Website.
Any delay or failure on our part to intimate you where we may have concerns about your activities and your activities / transactions on third party websites accessed through links.
18years or above age individuals only are permitted to open an account on our website. By choosing to use this website, you represent and warrant that you are over 18 years of age and are eligible to enter into a contract.
5.1 We accept payments through PayPal. The only condition is, to make full payment at the time you place the order in-case of online delivery of the products or services. The payment to artists is released once we get the report about successful download of the products or the proof of delivery if the products is shippable.
5.2 The company is not subject for any overheads inflicted at the terminus. The sales of artworks and services are all against the full and final settlement of the payment in advance. If the buyer finds the artwork in an unsatisfactory condition, they may return it to the Artist in an ‘As Is’ condition within the 2 weeks from successful delivery. In this situation, the order gets cancelled and the company will repay the money back to the buyer. Well, the unsatisfactory condition covers only damaged or spoilt condition only and NOT as the buyer dislike the artwork they ordered.
You concur to the Company’s pricing policy stated hereunder:
6.1 You concur to pay us commission @ 10% for each item being sold via our website.
6.2 All payments to you will be made through the website.
6.3 The website will release the payments due to you periodically, at the end of every month for sake of brevity.
6.4 Any person who wishes to have his payments released immediately may do so after payment of a nominal fee for such service.
6.5 Artist who are selling on this website shall be responsible for payment of all taxes with respect to delivery of the artwork including import, export or any other statutory duties payable.
7.1 The Artist guarantees the authenticity of the artwork posted on our website for sale the company do not yield or any legitimacy guarantee.
7.2 The company is not obliged to furnish the physical preview of the artwork displayed on the website either before or after the sale. The company will not be responsible and liable for/of the state of the artwork.
7.3 Sell your talent:- We offer an excellent platform to demonstrate your talent. From now on, you will only provide your original work to sell on our website and no products and/or services produced and/or manufactured and/or created by a third party will be accepted, e.g. PC, Camera, someone else’s work etc.
7.4 Plagiarism: - We strictly deal with plagiarism (copying someone else’s work and presenting as being your own work). The company will cease your account if you are detected selling someone else’s idea, work, products or service via our website.
7.5 Screening:- The company holds the screening right of each item you upload for selling on our website and if the description of the item or the item itself is inappropriate then the company has full right to either not to put up the same on the website or to freeze or cease your account.
7.6 If you possess genuine talent, the said clause to use this website protects your interest.
7.7 Legal implications:- It is your obligation to check the originality of the work you upload and the company will not be liable for any legal implications for the items you sell on this website. You shall be entirely liable in such an event and/or circumstance.
If the items delivered found significantly different that showcased, the buyer can refuse to accept delivery. The company may freeze or cease your account. In case of a refusal by buyer to accept delivery you shall have no right to ask for any payment from the Website.
The Company has full right to cease and/or terminate any Service Agreement on any ground, including terminating the services that are currently in progress. The company will not offer any refund where as a Service is viewed as to have commenced and is for all purposes and intentions, currently in progress.
The account may be terminated, suspended or frozen in the following conditions:
9.1. No Show:- You must be certain that the products you mean to sell with this website is available for selling. Once the order is placed by the buyer and if you convey non-availability of the products, the company has right to suspend or terminate your account. It is your duty to update the information time to time. "NO SHOW" will lead to suspension or termination of the account, and this will definitely affect your ratings.
9.2. Wrong Identity:- It is mandatory to supply true and correct identity. The company reserves the right to verify and judge your identity.
9.3. Issues in respect to your conduct: - Please look up the section -"Your Conduct" of terms and conditions.
9.4. SPAM: The Company rigorously complies with "NO SPAM" policy. The right to suspend or terminate your account is retained by the company, if you post or distribute spam, bulk or unsolicited electronic communications, pyramid strategies, chain schemes or if you utilize this website for data mining actions.
If you breach any of the clauses listed in Selling on this website section.
9.5. Virus: -You will not spread any malicious software, virus threat or any other technology that holds a power to harm this and/or users’ (Buyers and/or Sellers) website
10.1 Republication and redistribution of any part of the Content or the site is forbidden (such as formulating or other alike or any other means, without taking the written permission of the Company).
10.2 We do not give assurance for uninterrupted, undisturbed, zero-free or timely services, but will try our best to render the best ability.
10.3 By rendering this service, if, in case of any kind of loss or damage of any nature and howsoever it is caused, you thereby compensate this company, representatives, agents, employees and associates.
10.4 Any loss or damage brought upon due to the failure of the server, website products, issues related to the internet or any other similar reasons for periodic failure beyond the reasonable control from our side, including terrorism, fire, flood, war, strikes, earthquake, lockouts or similar issues.
11.1 To administer the site, to examine trends, to observe the user’s moves and assemble broad demographic data or statistic for aggregative use, we apply IP addresses that are not linked up to the personal identification of the information.
11.2 The web servers that we have, automatically log the standard access data (requested URL, browser used, referral URL, and the access times for opening the mail) to administer the system, determine the pattern used and trouble shoot motive.
11.3 We certainly do not share the data such obtained with the third party and is utilized only within our Company as and when demanded.
11.4 Excluding the listed reasons above, the individually identifiable information related to the data collected will never be used by us without your denotative permission.
The cookies used by this Company’s website or ISP to facilitate us to recall user’s details for each visit.
You are not granted permission to create any link to any page of our website without taking written permission from us, else it will be at your own risk and limitations and exclusions stated above will be applied to your use.
14.1 Other party’s website linked to from the Company’s website will not be monitored or reviewed by us.
14.2 We do not share, contribute or endorse and will never regarded as the publisher of the content, opinion or material exposed on such websites.
14.3 We do not shoulder any responsibility of the content and the privacy practices of such websites.
14.4 Be very attentive and careful while leaving the website.
14.5 Read the material or the privacy statement of such websites carefully.
14.6 Cautiously evaluate the security issues of such websites tied to with and this website before you disclose personal information to them.
14. 7 we hold zero responsibility for any damages, loss of any kind, induced howsoever consequence from disclosure of personal info to such third party websites.
We also forward the user site and service proclamation updates:
15.1 You (as our member) are not granted permission to unsubscribe from the service proclamation containing vital data in regards to the service we render.
15.2 We speak with the members to equip requested services and the matters associated with their accounts by e-mail.
It is mandatory to fill registration form completely along with contact details (name and email address). The information is held with us and is used for communicating with you about the topics of your interest and also to retrieve lost password.
The rights of Intellectual property, Copyrights and other legitimately sanctioned ownership rights exist for the full content of this website and all text associated with the Company’s services. The brand name, Company’s symbol, logo and expressed services of this Company colligated on this website are trademarked.
Failure of the either party to exercise any right, remedy or to assert upon strict execution of any provisions of this or any Agreement, s/he or they who are entitled hereinafter shall not comprise a waiver thence and shall not induce a step-down of the responsibility under this or any Agreement. Apart from expressly stated and signed (written approval) by both Parties no waiver of any of the commissariats of this or any Agreement shall be worth effective.
The Terms and Conditions stated in the Agreement shall not be altered, ameliorated, modified or affixed except in writing and duly sanctioned by authorized representatives of the Company.
In the unfortunate event that a member of our Seller community who is a natural person dies or becomes permanently incapacitated, Website will take all necessary steps to work with their successors and assigns. However, Website will need the following documentation from such deceased or incapacitated Seller's successors, assigns or their legal representatives for verification purposes:
A) Death Certificate
B) Proof of Succession
C) Power of Attorney
In cases of members that are entities and if such entities cease to exist on account of dissolution, winding up, appointment of a receiver or bankruptcy, we will require the following documentary evidence:
D) Appointment of a receiver
E) Dissolution
F) Bankruptcy proceedings
G) Winding up proceedings
Please notify us as soon as possible should you become aware of the death, incapacitation, dissolution, winding up or bankruptcy of a member of our Seller community.
21.1 We keep the rights with us to alter or modify the terms and conditions in the Agreement any time.
21.2 Continued use of the site by You will flag your acceptance and approval of the modified conditions.
21.3 The amendments to the terms will be announced immediately only on the Website’s home page.
21.4 The corrections, alterations and amendments related to use of user’s personal identifiable information, the appraisal will be communicated via email to those affected by these alterations.
21.5 The amendments to the privacy policy will be published on the home page of this website 30 days prior to unveiling such changes. We, therefore request you to re-read the Company’s privacy policy statement on a regular basis.
21.6 The terms and conditions form part of the Agreement between the registered and non-registered users and the Company.
21.7 Accessing the Company’s website, registering or Agreement signals your understanding and consent of the Agreement, Terms and Conditions stated and the Disclaimer Notice incorporated herein.
21.8 Statutory Consumer Rights of the users are unaffected.
22.1 If you have a complaint, you should in the first instance contact the customer support team at wecare@showflipper.com.
22.2 Complaints should be made as soon as possible after circumstances arise that cause you to have a complaint.
22.3 You accept that any complaints and disputes are and remain confidential both whilst a resolution is sought and afterwards.
22.4 You agree that you shall not disclose the existence, nature or any detail of any complaint or dispute to any third party.
22.5 Our decision on complaints shall be final and binding on you.
In case of any dispute, controversy or claim arising out of the Terms and Conditions or Privacy Policy, you hereby irrevocably consent to submit to arbitration at Pune.
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