This contract sets out your rights and responsibilities when you use SenseCup.com, and the other services provided by SenseCup (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.
We reserve the right at any time to modify or discontinue, temporarily or permanently, our Website without any notice. You hereby agree that SenseCup shall not be liable to you or any third party for any such modification, suspension or discontinuation of our Website. Furthermore, we reserve the right to terminate your access to our site for any reason whatsoever and to take actions to safeguard the interest of SenseCup and its users.
OWNERSHIP AND RIGHTS
All articles, text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, logos, works of authorship, proprietary software, data, reports, information, images, sound, organization, graphics, design, compilation and any other content on the website is copyright protected and owned by SenseCup and/or its third party content providers (“Content Providers”). The Website may contain trademarks or service marks of SenseCup or that of their respective owners (the “Marks”). The domain name for the Website and its subdomains, including, without limitation, SenseCup, SenseCup.com, Really Here Really Now are service marks, trademarks, logos, and/or trade dress of SenseCup. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of SenseCup or their respective owners. The Content is protected by international and indian copyright, trademark and other intellectual property laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of Content Providers
THIRD PARTY CONTENT, LINKS AND SERVICES
SenseCup does not knowingly accept unsolicited submissions including, without limitation, submissions of scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. SenseCup’s policy is to simply delete any such submission without reading it or forwarding it to other SenseCup staff. Therefore, any similarity between an unsolicited submission(by email, post or any other mode) and any elements in any SenseCup creative work including, without limitation, an article, listing, series, story, title or concept would be purely coincidental. Third party content may appear on the website or may be accessible via links from the website.SenseCup is not responsible for and assume no liability for any mistakes, misstatements, defamation, omissions, falsehood, obscenity, or profanity in the statements, opinions, representations or any other form of content on the website. You understand that the information and opinions in the third party content represent solely the thoughts of the author / third party content provider and is neither endorsed by nor does it necessarily reflect SenseCup’s belief. The website may contains links to other sites. SenseCup is not responsible for the content, accuracy or opinions express in such sites, and such sites are not investigated, monitored or checked for accuracy or completeness by SenseCup. Inclusion of any linked site on SenseCup’s website does not imply approval or endorsement of the linked site by SenseCup. If you decide to leave the website and access such third-party sites, you do so at your own risk.
Your Account with SenseCup
You’ll need to create an account with SenseCup to use some of our Services. Here are a few rules about accounts with SenseCup:
A. You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use SenseCup or the Services. You are responsible for any and all account activity conducted by a minor on your account.
B. Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
C. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
D. You’re responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
E. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
F. Let’s be clear about our relationship. These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and SenseCup.
Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
B. Permission to Use Your Content. By posting Your Content through our Services, you grant SenseCup a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help SenseCup function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your stuff. For example, you acknowledge and agree SenseCup may offer you or SenseCup buyers promotions on the Site, from time to time, that may relate to your listings
C. Rights You Grant SenseCup. (Here’s the legalese version of the last section). By posting Your Content, you grant SenseCup a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote SenseCup, your SenseCup shop, or the Services in general, in any formats and through any channels, including across any SenseCup Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognise our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
You agree that, we may share personally identifiable data of any individual to our agents or recruiters or Affiliates defined as any person directly or indirectly controlling, controlled by, or under direct or indirect common control with, SenseCup, including its subsidiaries and associate companies.
SenseCup is not liable for any infringement of intellectual property rights arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties.
If you are an owner of intellectual property rights or an agent who is fully authorized to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorized to act, you may submit a notification to SenseCup together with a request to SenseCup to delete the relevant Content in good faith in the claims of infringement
ADVERTISEMENTS/THIRD PARTY SERVICE PROVIDERS
The Website may contain advertisements and / or sponsorships. You understand that Advertisers and sponsors are solely responsible for ensuring that any content or material submitted for inclusion on the website is accurate and complies with applicable laws. SenseCup is not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials. SenseCup may allow access to or advertise certain third-party product or service providers (“Third Party Service Providers”) to provide certain services (“links”) on the website. You understand that SenseCup does not operate or control the products or services offered by such service providers. These Third Party Service Providers / links are responsible for all aspects of order processing, fulfillment, billing and customer service. SenseCup is not a party to the transactions entered into between you and such Third Party Service Providers / links. You agree that use of or purchase from such Third Party Service Provider’s / Links is at your sole risk and is without warranties of any kind by SenseCup, expressed, implied or otherwise including warranties of title, fitness for purpose, or non- infringement. Under no circumstances SenseCup will be held liable for any damages arising from the transactions between you and such Third Party Service Providers / links or for any information appearing on Third Party Service Providers’ websites or any other site linked to SenseCup’s website. All rules, policies (including privacy policies) and operating procedures of such third Party Service Providers will apply to you while accessing any such Links. SenseCup is not responsible for information provided by you to such Third Party Service Providers / Links. You understand that SenseCup and such Third Party Service Providers are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
You may input your details such as email address to receive newsletters, such details shall only be used by us to operate the Website and to provide you our services however we may share your details including but not limited to your IP address, IP Location, email address and any other information obtained by you whenever required by any statutory, law enforcement agencies, government bodies, judicial or quasi- judicial bodies etc. or as required, to perform various business functions by SenseCup, or third parties. If at any time you believe that SenseCup or its users/members have not adhered to these Privacy principles, please notify SenseCup by e-mail at email@example.com and we will use all commercially reasonable efforts to promptly determine and correct the problem
Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.