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TERMS AND CONDITIONS
The "360indiaguide" (3IG) is comprised of various Web elements, media, links and Web pages. The 3IG service is offered to you conditioned on your acceptance of the terms, conditions, and notices contained herein. Your use of the 3IG portal constitutes your agreement to all such terms, conditions, and notices. PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS SERVICE . By accessing or using the 3IG Portal, you agree to these terms of use, conditions and all applicable laws. If Clients do not agree to these terms they may not use this service. The provisions relating to Copyrights and Trademarks, Disclaimer, Limitation of Liability, Indemnification, and Applicable Laws shall survive any termination. MODIFICATION OF THESE TERMS OF USE 3IG reserves the right to change the terms, conditions, and notices under which 3IG Portal is offered, including but not limited to the charges associated with the use of the 3IG Portal, without notice. You are responsible for regularly reviewing these terms and conditions. DEFINITIONS "Content" means any data that can be stored in a database including text (sales copy), graphics (maps & floor plans), all visuals (i.e. (360 degree panoramic images and/or streaming video, photographic images, graphics, logos, etc.) text, audio, videos, audio, or any other content uploaded into 3IG Portal.
SERVICES 3IG Portal services include, but are not limited to the following:
USE OF 3IG PORTAL SERVICE - PROFESSIONAL AND COMMERCIAL USE 3IG Portal is a service that was designed to be used by the travel trade. Travel Suppliers/Clients (Hotels, Cruise Ships, Destinations, etc.) use the 3IG Portal to manage and distribute content to travel industry distribution channels. Each Client (or "Licensor") of Content (defined below) grants 3IG the following rights: Rights Granted : Client hereby agrees that, by using the 3IG Portal, Client assigns to 3IG a non-exclusive, perpetual license to use and/or distribute Client's "Content" (Content means any data that can be stored in a database including text (sales copy), graphics (maps & floor plans), traditional photography (photos), virtual tours (360° panoramic images and/or streaming video), videos, audio, or any other content uploaded into 3IG Portal). Licensor grants to 3IG, for use in the 3IG Portal database, a non-exclusive license to publish, perform, display, encode, digitize, distribute, transmit, and repurpose the Content, throughout the universe of the Internet . The Licensor agrees not to distribute copyright protected content, and/or data to which they do not have the rights, as it relates to this Agreement. Additional Rights: 3IG and/or its assigns shall also have the right to use the Content for the purposes of marketing and promoting the hotel, client's business and/or 3IG and/or its assigns and promoting its production, and distribution services if 3IG and/or its affiliates have produced the materials. License, Hosting and Distribution Term: Subject to the terms hereof, these terms and conditions shall be effective for a period of time commencing on the "effective date" (date approved digital brochure was published live and put into distribution) hereof and continuing for the time period agreed to in the Fees for hosting, maintenance and distribution (unless otherwise agreed to in writing). Optional Renewal Fee: The renewal fee shall commence one year after the effective date. If Client is more than 60 days delinquent on renewal payment, 3IG shall have the right to remove Client's Content from distribution. Renewal: Thereafter, this Agreement shall renew for consecutive one year terms, (each, a "Renewal Term"), unless terminated by either party in writing no later than sixty (60) days prior to the Expiration Date or terminated by 3IG with our without notice, upon a breach by Client of these Terms & Conditions. Ownership as to Content Produced by 3IG for Client: Client will pay 3IG a production/post-production rate as agreed upon by Client and 3IG. Client will reimburse 3IG for reasonable expenses provided that 3IG submits acceptable documentation to Client within thirty (60) days of incurring the expenses. 3IG will deliver all visuals and/or digital images resulting from the assignment (the "Work"). Payment: Unless otherwise agreed, Client will pay 3IG the applicable production, hosting, management and distribution fees outlined in an ORDER FORM, pursuant to these terms and conditions. All payments shall be due within 30 days from the date of invoice. All amounts not paid by the Client within 30 days from the date of invoice shall be past due and accrue interest at 15% per year or the maximum rate allowable by law for any past due account, at which time 3IG is entitled to take all collection actions, including the use of a collection agency or an attorney, and the Property shall be fully liable and solely responsible for all reasonable associated costs and expenses, including attorneys' fees and costs.
Grant of Rights : 3IG grants to Client the perpetual right to use, display and reproduce, and license others to use, display and reproduce, images produced in connection with any services 3IG may perform hereunder, or in connection with the work for hire of 3IG by Client. Client may perpetually use, or authorize others to use, any of the rights herein granted for commercial advertising or publicity in connection with any product, commodity or service manufactured, distributed or offered by Client, any distributor of the images, or their successors and assigns or 3IG services rendered to Client. Notwithstanding anything herein to the contrary, in the event 3IG's services hereunder, for any reason, are deemed not to be a work made for hire under the United States Copyright law, 3IG acknowledges and agrees that by the terms hereof, 3IG hereby irrevocably grants, sets over and assigns to Client throughout the universe, exclusively and in perpetuity, free and clear of any and all claims, liens and encumbrances, all right, title and interest of every kind whatsoever, whether now known or unknown, in and to the Material and all other results and proceeds of 3IG's services hereunder. 3IG and/or its assigns will offer the Client, on a non-exclusive basis, all content digitized by 3IG and/or its assigns pursuant to this Agreement, for the Client to host on its website or brand website. 3IG represents and warrants that it is entitled to grant to Client the foregoing rights in and to all Work submitted to Client and that the Work will be original and unaltered and that it will not infringe another's copyright or trademark, violate any person's right of privacy or contain libelous or otherwise unlawful material. 3IG agrees to cooperate fully with Client in responding to and defending against any third-party claims relating to the Work. 3IG obligations under this paragraph will survive any termination of this agreement. In cases where the client is has not paid in full, or is paying over extended period in a payment plan, for content produced by 3IG Portal, all rights will be retained by 3IG Portal until which time full payment or balance due (as indicated in the terms and conditions of the payment plan or offer) is received. Ownership: as to Content Provided by Client to 3IG Portal: As between 3IG and/or its assigns and Client, 3IG and/or its assigns acknowledges and agrees that the Content and the goodwill associated therewith are the sole and exclusive property of Client and that all use of the Content by 3IG and/or its assigns shall inure to the benefit of and be on behalf of Client. Distributor (3 rd parties) Use : Client and/or its assigns will offer Licensee, on a non-exclusive basis, all Content Hosted by 3IG and/or its assigns pursuant to this Agreement, for Licensee to display within its website or distribution channels and distribution center. In addition, Licensee shall have the non-exclusive right to license the Content for use on individual third party websites and channels, provided such third party websites and channels shall have no right (except affiliated or subsidiary companies) to syndicate, license or otherwise distribute such Content to other third parties. Clients electing to use 3IG Portal's social media distribution recognize that by selecting to use this service they are hereby relinquishing all rights to their content, are bound by the terms and conditions inherent in each social media site, and release 3IG Portal of any damages and/or liability resulting from the downloading, sharing, misuse, or any other improper use of their content. Warranties : C lient represents, warrants and convents that no Content provided or uploaded to 3IG Portal and/or its assigns under this Agreement constitutes or shall constitute libel, obscenity, unlawful comparative advertising, false advertising or any other unlawful matter, or infringes in any manner any copyright, patent, trademark, trade secret, right of publicity or any other intellectual property right or any other right of any third party. Indemnification : Client will indemnify, defend, and forever hold harmless 3IG and/or its assigns and 3IG and/or its assigns' affiliates, officers, directors, employees, agents, shareholders, partners, and managers from and against any and all losses, damages, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of any claims or actions relating to the use of any Content (except to the extent such use is indemnified against by 3IG and/or its assigns) and/or Client's breach of any of its representations, warranties or agreements hereunder. Rights for Distribution: 3IG grants the travel trade the right of use to all Content, service and technology within the 3IG database. This right of use consists of the rights to access, consult and link to Content contained in the 3IG Portal database. Use of the Content is for the sole purpose of promoting and marketing these elements of the Content to the travel industry clients.
Clients may not upload, distribute, or otherwise publish through the 3IG Portal any Content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. COPYRIGHTS AND TRADEMARKS
The entire Content included in 3IG Portal's site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of 3IG Portal, its affiliates, its partners and/or the clients represented within the 3IG database. The collective work includes works that are licensed to 3IG Portal. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to the respective owner(s) that have granted 3IG the right and license to use such Marks. Northing in this Agreement grants Clients, any right, title or license to any content hosted on the 3IG Portal . TERM; TERMINATION
These terms and conditions are applicable to Clients upon Clients accessing the Site and/or use of the 3IG technology, service and Content. In regards to Content produced for and/or acquired by Client, the "Term" begins on the date the Client's Content has been approved, for distribution, by the Client and 3IG made Content available ("published live") for distribution (the "Effective Date") and continues for a period of one year. This Agreement will be automatically renewed for additional one year terms, unless terminated pursuant to the paragraph below. For purposes of this Agreement, "Term" shall include the initial term and any renewals. These terms and conditions, or any of them, may be modified or terminated by 3IG without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination. The termination of this Agreement for any reason shall be without prejudice to any rights of either party against the other which may have accrued before the date of such termination. Upon terminating this Agreement, for any reason, the Content may be removed from the 3IG Portal. USER PARTICIPATION
3IG Portal does not and cannot review and/or validate all Content, communications and materials in the 3IG platform, and is not in any manner responsible for the erroneous Content and/or materials provided, uploaded, or otherwise by any person to the 3IG Portal. Clients acknowledge that by providing Clients with the ability to view, and/or manage (add, change, delete) and/or distribute user generated Content on the 3IG platform, 3IG is merely acting as a conduit for such distribution and is not undertaking any obligation or liability relating to any misrepresented Content within the 3IG database. However, 3IG reserves the right to block or remove communications or materials in violation of this Agreement or other 3IG policies, including, without limitation to materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to 3IG at its sole discretion. Provided, nothing herein should be construed to require 3IG to edit or modify content in any manner and 3IG shall not be construed as an editor or publisher of any content. Note that any personally identifiable information Clients may post or transmit will be treated by 3IG in accordance with 3IG's Privacy Statement USER SUBMISSIONS Except for any personally identifiable information we may collect from Clients under the guidelines established in our Privacy Statement, any material, information or other communication Clients transmit, upload or post to the 3IG Portal site ("Communications") will be considered non-confidential and non-proprietary. 3IG will have no obligations with respect to the Communications. 3IG and its partners and/or affiliates will be free to distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes. THIRD-PARTY LINKS In an attempt to provide increased value to our clients, partners and users, the 3IG database may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with 3IG, 3IG has no control over these linked sites, all of which have separate privacy and data collection practices, independent of 3IG. 3IG has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for Clients convenience and to enhance the user experience. 3IG seeks to protect the integrity of its 3IG service and the links placed upon it and therefore requests any feedback on not only this Site, but for sites it links to as well (including if a specific link does not work). 3IG shall make its best efforts to not to link to other sites on the Internet which may incur in illegal or unfair practices, including, without limitation (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) in violation of any law or regulation or (e) offensive or otherwise unacceptable. Clients should contact the Site administrator or Webmaster if Clients have concerns regarding such links. DISCLAIMER 3IG makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any site or External Sites. 3IG filters, reviews and approves Content stored in the 3IG database, before it is "published" (goes live and becomes available for distribution). However, 3IG will not be responsible for third party links or other content, linked through a third party, even if such content has been filtered and approved through the 3IG Portal. THE 3IG PORTAL'S SERVICE AND THE CONTENT IN THE 3IG DATABASE, INCLUDING WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE REVIEWED AND APPROVED BY 3IG, AND PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 3IG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. 3IG DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 3IG DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. NEVERTHELESS, 3IG SHALL MAKE ITS BEST EFFORTS TO KEEP ITS SITE OR THE SERVERS THAT MAKES THE SERVICE AVAILABLE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, BY ACTUALIZING IN REASONABLE TERM ITS ANTI-VIRUS SOFTWARE, AND TO PROVIDE THAT DEFECTS ARE CORRECTED IN THE MINIMUM PERIOD POSSIBLE. THE ABOVE LIMITATIONS MAY NOT APPLY TO CLIENTS. LIMITATION OF LIABILITY IN NO EVENT SHALL 3IG BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF 3IG HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO CLIENTS. INDEMNIFICATION Clients agree to indemnify, defend, and hold harmless 3IG, its officers, directors, employees, agents, Clients and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any beach of this Agreement or violation of these terms and conditions or any activity related to Clients Internet account (including negligent or wrongful conduct), by Clients or any other person accessing the 3IG service using Client Internet Site. APPLICABLE LAWS Clients' use of this Site shall be governed in all respects by the laws of the state of Karnataka , India. , without regard to choice of law provisions, Clients agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the use of the 3IG database and services) shall be in the state or federal courts located in Bangalore, Karnataka. Any cause of action or claim Clients may have with respect to the Site (including but not limited to the use of the 3IG database and services) must be commenced within one (1) year after the claim or cause of action arises. 3IG's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. 3IG may assign its rights and duties under this Agreement to any party at any time without notice to Clients. Additionally, any party may assign its rights and duties under this Agreement to any of its affiliates, at any time, by previous and written notice to the other party. Those who choose to access the 3IG database and use the Service from locations outside Karnata do so on their own initiative and are responsible for compliance with applicable local laws. This Agreement shall inure to the benefit of and be binding upon on each of the parties' successors and assigns.
UPDATE TERMS 3IG may revise these Terms at any time by updating this posting. Clients should visit this page from time to time to review the then-current Terms because they are binding on Clients. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site
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