Terms of Use | Verve Magazine
India's premier luxury lifestyle women's magazine

Terms of Use

Thank you for visiting our corporate website at vervemagazine.in. Please read these Terms of Use (the “Agreement” or “Terms of Use”) carefully before using the services offered or information displayed by VERVE. This Agreement sets forth the legally binding terms and conditions for your use of the website at vervemagazine.in, all other sites owned and operated by VERVE that redirect to said website and all subdomains (collectively, the “VERVE Website”), and the services owned and operated by VERVE on the VERVE Website.

By accessing and browsing the Verve & Verve Limited’s (‘VERVE’) website or by using and/or downloading any content from the same, you agree to and accept the Terms of Use as set forth below. “The Company” refers to Verve & Verve, including its affiliates (also referred to as “we”, “us”, or “our”). (VERVE and its affiliates shall be collectively referred to as “Verve Group affiliates”). (This Terms of Use shall be referred and read together with the Privacy Policy and Disclaimer of the VERVE Website.)

(A) ACCEPTANCE OF TERMS OF USE

Your use or viewing the VERVE Website is subject to your acceptance of all of the terms and conditions contained in these Terms of Use, including the Disclaimer and Privacy Policy available at vervemagazine.in/privacy-policy and vervemagazine.in/disclaimer, and all other operating rules, policies, and procedures that may be published on the VERVE Website by the Company, which are incorporated by reference.

These Terms of Use apply to every user of the VERVE Website. In addition, some services offered through the VERVE Website may be subject to additional terms and conditions adopted by the Company. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

We reserve the right, at our sole discretion, to modify or replace these Terms of Use by posting the updated terms on the VERVE Website. It is your responsibility to check the Terms of Use periodically for any changes. Your continued use of the VERVE Website following the posting of any changes to the Terms of Use constitutes automatic acceptance of those changes.

We reserve the right to change, suspend, or discontinue the VERVE Website (including, but not limited to, the availability of any feature, database, services or content) or any part thereof, at any time for any reason. We may also impose limits on certain features and services or restrict your access to parts of or all the services of VERVE Website without notice or liability.

The VERVE Website and its contents are available only to individuals who are at least 18 years old (and at least the legal age in your jurisdiction). You represent and warrant that if you are an individual, you are at least 18 years old and of legal age in your jurisdiction to form a binding contract, and that any personal information you may submit will be accurate and truthful. We reserve the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided. We may, in our sole discretion, refuse to offer the VERVE Website to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the VERVE Website is revoked in those jurisdictions.

(B) INTELLECTUAL PROPERTY NOTICE

Copyright © Verve Magazine, 2020 Verve & The Indian And Eastern Engineer Company Private Ltd.

ALL RIGHTS RESERVED.

  1. The VERVE Website is the exclusive property of VERVE. All the contents, documents, information and database included on the VERVE Website, including without limitation to such as text, graphics, images, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, source code, reprographics, demos, patches, other files and software), is owned, controlled or licensed by or to VERVE and/or Verve Group Affiliates and may be protected as copyright, database rights, trade mark, intellectual property law and other proprietary rights.
  2. The marks ‘Verve,’ ‘IQ’, ‘IEECPL’, indicated on each page are the trademarks owned by VERVE, which also include any and all other graphics, logos, page headers, taglines, button icons, scripts and service names. The said VERVE trademarks may not be used in connection with any product or service that is not in any manner connected or provided by VERVE, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits VERVE.
  3. All other trademarks not owned by VERVE or Verve Group Affiliates that appear on the VERVE Website, are the property of their respective owners, who may or may not be affiliated with or connected to VERVE and we do not claim any right, interest or affiliation with such parties.

iv. Nothing on the VERVE Website or your use of any of the services shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of VERVE or Verve Group Affiliates, or any third party, whether implied or otherwise, save as expressly provided.

(C) USERS’ COMMENTS AND INFORMATION COLLECTED

The Company does not assume any obligation to monitor the information that you may post on its website.

You warrant that any and all information, projects, files or other attachments sent to us (‘Material’) or comments other than personal data that you may transmit to the Company through the website does not infringe intellectual property rights or any other applicable law. Such Material or comments will be treated as non-confidential and non-proprietary. By submitting any information or Material, you give the Company an unlimited and irrevocable license to use, execute, show, modify and transmit such Material or comments, including any underlying idea, concept or know-how. The Company reserves the right to use such Material and/or comments in any way it chooses.

We collect information from a variety of sources, directly and indirectly [We collect information from a variety of sources both directly and indirectly but primarily through our website, including, but not limited to, the website or subdomains of vervemagazine.in or from any website which posts this policy.]. The term “Personal Data” means information relating to an identified or identifiable individual (i.e. a natural person). All the information we collect about you is used to monitor the use of the site and develop world-class products and services of superior quality. Such use does not result in any personally identifiable information being collected or stored. By submitting your Personal Data through this website, you shall be consenting to it being handled in accordance with the site’s online Privacy Policy. You agree to provide true and complete information about yourself by registering on this site and you are solely responsible for protecting your password and all acts by way of use of your password. If you have submitted Personal Data through this website and wish us to cease using it for the purposes submitted, please contact us.

(D) USER RULES OF CONDUCT

By using this VERVE Website, you represent that you have read, accepted and are bound by the conditions contained in this Agreement. To assist the smooth functioning of the VERVE Website, we expect users of the Website to follow these few basic guidelines (which form part of the terms and conditions for access and use of the VERVE Website) as are acceptable for a user policy:

  1. Unless with our prior permission, no part of the VERVE Website may be reproduced or transmitted to or stored in any other website, nor any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service.
  2. You may not amend, republish, distribute, reproduce, adapt or modify any of the materials on the VERVE Website or use any of the materials for public performance or otherwise make commercial use of the VERVE Website or any materials located on it without our prior written consent.
  3. You cannot upload on the VERVE Website or submit any content or otherwise distribute or publish through the VERVE Website any matter or material which is or may be considered abusive, pornographic, illegal, defamatory, obscene, racist, threatening, harassing, deceptive, fraudulent, tortious; or which is otherwise unlawful, offensive, profane, or invasive of another’s privacy or designed to cause disruption to any computer systems or network. We shall be entitled, without liability to the user and at our discretion, to remove any such content from our server immediately.
  4. You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the VERVE Website, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the VERVE Website; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.

v. You shall not, and shall not permit any third party using your account to, take any action, or submit any content, that:

a. infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;

b. you know is false, misleading, or inaccurate;

c. constitutes unsolicited or unauthorised advertising or promotional material or any junk mail, spam, or chain letters;

d. contains software viruses or any other computer codes, files, or programmes that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any system, data, password, or other information of VERVE or any third party;

e. is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or

f. impersonates any person or entity, including any employee or representative of the Company.

vi. You shall not: (i) take any action that imposes or may impose (as determined by VERVE in its sole discretion) an unreasonable or disproportionately large load on VERVE’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of VERVE Website or any activities conducted on the same; (iii) bypass any measures VERVE may use to prevent or restrict access to the VERVE Website (or other accounts, computer systems, or networks connected to the same); (iv) run maillist, listserv, or any form of auto-responder or “spam” on the VERVE Website; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the VERVE Website.

vii. No user shall post any message to the VERVE Website which is in violation of the acceptable use policies in respect of the VERVE Website. We reserve the right to delete and remove all such postings.

viii. The VERVE Website cannot under any circumstances be used for commercial purposes by any user.

ix. You grant us a royalty-free irrevocable permission to reproduce, download and print your user submissions in any of the sections on the VERVE Website. You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights in connection with (a) the Services, (b) the Company’s (and its successors’ and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the Services in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to perform and market the Services; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Services; and (iv) use and publish, and permit others to use and publish, the User Submissions names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Services. The foregoing license granted to the Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.

x. We reserve and retain the right or ability to remove the availability or ability of participants to post comments in the event of any breach of these acceptable use provisions.

xi. We will enforce appropriate sanctions against any of the users of the VERVE Website who are responsible for abuse of the VERVE Website. Such sanctions may include but are not limited to (a) a formal warning, (b) suspension of access through the VERVE Website or machines, (c) suspension of access to the VERVE Website, (d) termination of any registration of the user with the VERVE Website or services.

(E) APPLICABLE LAW – SEVERABILITY

These Terms of Use are governed by the Indian Law. The courts in Mumbai have exclusive jurisdiction in relation to any claim or action arising out of, or in connection with, the Terms of Use.

If any provision of these Terms of Use is held by a court to be illegal, invalid or unenforceable, such provision shall, as to such jurisdiction only, be deemed severable and ineffective to the extent of such invalidity or unenforceability and the remaining provisions shall remain in full force and effect.

(F) MODIFICATIONS OF THE TERMS OF USE

The Company reserves the right to change the Terms of Use under which this website is offered at any time and without notice. You will be automatically bound by these modifications when you use this site and should periodically read the Terms of Use.

(G) INDEMNIFICATION

You agree to defend, indemnify, and hold harmless VERVE, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees and other legal costs, that arise from or relate to:

  1. your use or misuse or an unlawful or negligent act or omission of, or access to, the VERVE Website and content, or otherwise from your user submissions;

b. violation of the Terms of Use; or

c. infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with VERVE in asserting any available defenses.

(H) INTERNATIONAL

Accessing the VERVE Website is prohibited from territories where the content is illegal. If you access the Services from other locations, you do so at your own initiative and are responsible for compliance with local laws.

(I) ELECTRONIC DELIVERY, NOTICE POLICY, AND YOUR CONSENT

By using the VERVE Website, you consent to receive from VERVE all communications including notices, agreements, legally required disclosures, or other information in connection with the VERVE Website (collectively “Contract Notices”) electronically. VERVE may provide the electronic Contract Notices by posting them on the VERVE Website. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the VERVE Website.

(J) ENTIRE AGREEMENT

These Terms of Use and other referenced material are the entire agreement between you and VERVE with respect to the VERVE Website, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and VERVE with respect to VERVE Website and govern the future relationship.

The Terms of Use are personal to you, and are not assignable, transferable, or sub-licensable by you except with our prior written consent. We may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

(K) GRIEVANCE OFFICER

As per Rule 5 (9) of Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 read with Information Technology Act, 2000 for any grievance you may connect to Mr. Manohar Gaikwad on [email protected] and we will try to resolve your issue within 30 days of receipt of the complaint.

After having read and understood the disclaimer and copyright notice, I hereby agree to accept and abide by all the terms and conditions as mentioned therein at my sole responsibility.