Welcome to Scapes & Isms (together with its affiliates, the “Gallery,” “we,” or “us”) website (the “Website”). The following terms of use (“Terms”) govern your use of this Website. By accessing, viewing, or using the content, material, or services available on or through this Website, you indicate that you have read and understood these Terms, that you agree to them, and intend to be legally bound by them. If you do not agree to these Terms, you are not granted permission to use this Website and must exit immediately. We may revise these Terms at any time, and such changes shall be effective immediately upon posting to the Website. We encourage you to check this page often to review any changes to these Terms.
The information on this Website is for informational purposes only. The Gallery is not responsible for any errors or omissions in the Website or Site Materials. Any personal information that you provide to the Gallery on the Website is subject to our Privacy Policy, available at https://scapesandisms.com/privacy-policy, which is incorporated into these Terms by reference as if set forth fully herein.
Proprietary Rights
As between you and the Gallery, the Gallery owns or licenses all rights, title, and interest in and to the Website, and all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, software and software concepts and documentation, and other material on, in, or made available through the Website (“Site Material”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Material, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, and other intellectual property and proprietary rights therein. Under no circumstances will you have any rights of any kind in or to the Website or the Site Material. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials.
The names, titles, trademarks, service marks, and logos that appear on the Website, including without limitation “Scapes & Isms,” are trademarks of the Gallery (the “Trademarks”). You may not use the Trademarks without our prior written permission. The trademarks of third parties may also appear on the Website from time to time; you may not use these trademarks without prior written permission of their respective owners. You acknowledge and agree that nothing on the Website grants any right or license to use any of the Trademarks or may be construed to mean that we have authority to grant any right or license on behalf of any third-party trademark owner.
Unauthorized Activities
You agree that any commercial or promotional distribution, publication, or exploitation of the Website or any Site Material is strictly prohibited unless you have received the express prior written permission of the Gallery. You agree that you will not use the Website for:
(a) any illegal or unauthorized purposes that violate applicable laws, including but not limited to intellectual property, import/export, or data protection laws;
(b) modifying, adapting, or hacking into the Website or modifying another website to falsely imply that it is associated with the Gallery;
(c) uploading, posting, hosting, or transmitting unsolicited email, SMS, “spam” messages, worms, or viruses or any code of a destructive nature;
(d) contacting any other visitor of the Website who has requested not to be contacted; or
(e) attempting to gain unauthorized access to the Gallery’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of, the Website or any services provided through the Website.
We reserve the right to suspend or terminate your access to this Website and/or your ability to use the services with or without notice for failure to comply with these Terms, for providing us with untrue or inaccurate information about yourself, for infringement upon any of our proprietary rights, or for any other reason whatsoever, or for no reason.
Governing Law and Jurisdiction
These Terms (together with the Privacy Policy and Viewing Room Terms) represent the entire agreement between you and the Gallery with respect to the subject matter hereof and supersede any and all prior agreements, express or implied. These Terms shall be governed by and construed in accordance with the laws of India, without reference to its conflict of law rules.
By accessing, viewing, or using the services, works, content, or materials on the Website, you consent and agree to:
(a) the jurisdiction of the courts located in India, unless otherwise required by applicable international laws;
(b) accept service of process by personal delivery or mail; and
(c) irrevocably waive any jurisdictional and venue defenses otherwise available.
Miscellaneous
The Website is intended for international audiences but is controlled and operated from within India. Without limiting anything else, the Gallery makes no representation that the Website, Site Materials, User Content, services, products, information, or other materials available on, in, or through the Website are appropriate or available for use in other locations, and access to them from territories where their contents are prohibited by law is restricted.
The waiver or failure of the Gallery to exercise any right provided hereunder shall not be deemed a waiver of such right in the future. No person or entity not party to this agreement will be deemed a third-party beneficiary of these Terms.
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