No right or license is granted under any copyright, patent or trademark of the Seller to any other party.General
The Customer agrees that any feedback, comments, ideas, suggestions, information, or any other content which Customer contributes to the Seller or this Website (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Seller to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content–without additional approval or consideration–in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. The Customer represents and warrants that he owns or otherwise controls all of the rights to the content that he may contribute to this Website and that use of his content by the Seller will not infringe upon or violate the rights of any third party.
If due to force majeure or any contingency beyond its control, the performance of obligations of the Seller is prevented, delayed, restricted or interfered with, there shall be no liability for non-performance. Such contingencies shall include (being by way of example but not limitation) fire, explosion, lightning, flood, subsidence, earthquake, natural calamities, epidemic, act of god, war, insurrection or civil disorder, riots, acts of terrorism, armed conflict, blockade, sanctions, war or military operations, national or local emergency, action of any municipal authority/ utility provider, governmental order or regulation, acts or omissions of government, strikes or other concerted acts of workers, industrial disputes of any kind, or any other act or event whether dissimilar or similar outside Seller’s control . The obligation to perform shall arise again, immediately upon the termination or moderation of the contingency, so that performance is no longer prevented, restricted or interfered with. Any suspension of performance shall be effective from the date the contingencies giving rise to it, first arose or accrued. If there is any suspension of performance by reason this Clause herein above, the Parties shall endeavour to find alternative means of remedying the same. If it cannot be remedied within ninety (90) days, then either Party may give written notice to terminate this Agreement.
The Customer covenants with the Seller that the Customer shall at all times comply with and fulfil all the requirements of this Agreement. Without prejudice to and in addition to any other remedies, reliefs or legal recourses available to the Seller whether under this Agreement or otherwise, the Customer shall indemnify and hold harmless the Seller and its affiliates, and all of their employees, agents, officers, directors, proprietors, partners, representatives, shareholders, servants, attorneys, accountants, predecessors, successors, and assigns, at all times, from, against and in respect of all claims, proceedings, damage, injuries, losses, damages, liabilities, penalties, costs, charges, expenses including without limitation court fees, litigation expenses and attorney’s fees or any consequences whenever arising, which the Seller and/or its affiliates, their employees, agents, officers, directors, proprietors, partners, representatives, shareholders, servants, attorneys, accountants, predecessors, successors, and assigns, may endure, suffer or incur in connection with, consequent to, relatable to or attributable to or arising directly or indirectly from any one or more of the following : Customer’s use of this Website, or any breach, default, contravention, non-observance, non-performance by Customer of any of the representations, warranties, covenants, undertakings, promises, declarations and obligations of the Customer contained in this Agreement or any of the terms and conditions set forth in this Agreement, or any representations, warranties, confirmations or declarations made by the Customer under this Agreement are found to be untrue, partly true or misleading or any demur, delay, default or failure on the part of the Customer to forthwith make payment for the Products in accordance with the provisions of this Agreement or any reversal or withholding of payment by the Customer or by any other person or entity under Customer’s instructions.