Terms of Service
TERMS OF USE
Last updated October 31, 2014: These terms and conditions apply to all users of this Bibhu Mohapatra website. Before using this website, please take a few minutes to review the following legal terms and conditions, and the terms of our online Privacy Policy, which are incorporated herein by reference (collectively referred to as "Terms of Use”). We may change the Terms of Use from time to time, at any time without notice to you, by posting such changes on the website. By accessing and using this website for any purpose, including the purchase of merchandise from Bibhu Mohapatra online, you agree to be bound by the Terms of Use. If you do not agree to these Terms of Use, you may not access or otherwise use the website.
LIMITED LICENSE
We offer the website and its services only to those who may lawfully enter into and form contracts under applicable law. You agree to comply with all applicable law, statutes and regulations regarding use of the website. You may access and view the content on the website on your computer or other Internet compatible device, including mobile devices and tablets, and make single copies or prints of the content on the website for your personal use only. The website and the services offered on or through the website, including any content, software, code, data and materials thereon, are only for your own personal use. Children under the age of 13 may not use this website and parents or guardians may not agree to the Terms of Use on their behalf. Any person who provides their personal information through the website represents to us that they are 13 years of age or older. If you are older than 13 but under the age of 18, you may use this website only with the consent and under the supervision of a parent or legal guardian who agrees to be bound by the Terms of Use. If you are a parent or legal guardian agreeing to the Terms of Use on behalf of a child between the ages 13 and 18, you agree that you are fully responsible for use of this website by that child, including any financial charges that the child may incur through use of the website.
COPYRIGHT, TRADEMARK AND OTHER INTELLECTUAL PROPERTY RIGHTS
Except as otherwise noted, any and all text, images, designs, marks, and other content of this website ("Content”) is copyrighted, trademarked, protected by trade dress, or otherwise proprietary to Bibhu Mohapatra. Bibhu Mohapatra authorizes you to view the Content, and download and print the Content, other than music, for your own personal and noncommercial use. You may not modify the Content or remove any copyright, trademark, or other proprietary notices from the Content. Any displays or printouts of the Content must be marked "© 2013 Bibhu Mohapatra. All rights reserved.” By your use of the website, you represent and warrant that your use of the Content will be consistent with this license and that you will not infringe or violate the rights of any other party, including Bibhu Mohapatra, or breach any contract with or legal duty to any other party. Bibhu Mohapatra reserves all rights not expressly granted herein.
If you believe that any item of the Content has been copied and is accessible on this website in a way that constitutes copyright infringement or the infringement of any other intellectual property rights, please notify Bibhu Mohapatra as soon as possible so that Bibhu Mohapatra may act promptly and appropriately.
USER INFORMATION
In the course of your use of the website, you may be asked to provide certain personalized information to us (such information referred to hereinafter as "User Information"). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Bibhu Mohapatra Privacy Policy, which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.
PRODUCT INFORMATION
Although Bibhu Mohapatra uses reasonable efforts to provide accurate and complete information on this website, information about products or their availability or prices may be inaccurate, incomplete or out of date. Based on variations in computer monitors and other computer hardware, colors and other attributes of the products may not be displayed accurately.
LINKS
From time to time, the website may contain links to third party websites, which are not under the control of Bibhu Mohapatra. Also, links to our website may be featured on other websites. These links are provided for convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with a linked site or a host site by Bibhu Mohapatra.
Bibhu Mohapatra is not responsible for the contents of any linked site or host site and does not warrant, represent, or assume responsibility or liability for the accuracy, security, completeness or operation of any linked site or host site or any information or other materials downloaded from or contained on or in any linked site or host site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster.
Please be aware that partners, service providers, advertisers, and websites that link to Bibhu Mohapatra may collect personally identifiable information about you. The privacy and data collection policies of these third parties are independent of Bibhu Mohapatra’s policies and Bibhu Mohapatra assumes no responsibility or liability for the privacy or data collection policies of such parties. Bibhu Mohapatra encourages you to read the privacy policies and user terms whenever interacting with, and prior to providing any personally identifiable information to, any other website.
PROHIBITED USER CONDUCT
You warrant and agree that, while using the website and the various services and features offered on or through the website, you shall not: (a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of the website’s content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; (c) attempt to gain unauthorized access to other computer systems through the website; (d) engage in spidering, "screen scraping," "database scraping," harvesting of catalogue information, e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of catalogue items or information, users or other information from or through the website or the services offered on or through the website, including without limitation any information residing on any server or database connected to the website or the services offered on or through the website; (e) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (f) use the website or the services made available on or through the website in any manner with the intent to interrupt, damage, disable, overburden, or impair the website or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (g) use the website or the website’s services or features in violation of Bibhu Mohapatra’s or any third party's intellectual property or other proprietary or legal rights; or (h) use the website or the website’s services in violation of any applicable law. You further agree that you may not attempt (or encourage or support any one else's attempt) to engage in any of the foregoing prohibited activities or to circumvent, reverse engineer, decrypt, disassemble, decompile or otherwise alter or interfere with the website or the website’s services, or any content thereof, or make unauthorized use thereof. You agree that you will not use the website in any manner that could damage, disable, overburden, or impair the website or interfere with any other party's use and enjoyment of the website. You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through the website.
DISCLAIMER/LIMITATION OF LIABILITY
The website, its Content, and any information available on or through the website are provided "as is” and "as available” and without any representations or warranties of any kind, to the fullest extent permitted pursuant to applicable laws. Bibhu Mohapatra expressly disclaims any and all representations and warranties with respect to the website and its Content, whether express, implied, or statutory, including warranties of title, merchantability, fitness for a particular purpose, and non-infringement of any intellectual property or other proprietary rights. You agree that the terms of this agreement shall not be altered due to custom or usage or due to the parties’ course of dealing or performance under these Terms of Use. Nothing in these Terms of Use shall exclude or limit any liability or warranty which may not be excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of particular liabilities or warranties. In such a jurisdiction, only those exclusions or limitations which are lawful will apply to you and Bibhu Mohapatra’s liability will be limited to the maximum extent permitted by that jurisdiction’s law.
Bibhu Mohapatra does not represent or warrant that your use of the website, or the operation or function of the website, any component thereof, or any services offered in connection therewith, will be uninterrupted or error free, that defects therewith will be corrected, or that the website or its server are free of viruses or other harmful elements. In addition, certain information may be provided or updated from a source other than Bibhu Mohapatra and Bibhu Mohapatra does not assume any liability or responsibility for the accuracy of such information.
Bibhu Mohapatra does not represent or warrant that your use of the website, or the operation or function of the website, any component thereof, or any services offered in connection therewith, will be uninterrupted or error free, that defects therewith will be corrected, or that the website or its server are free of viruses or other harmful elements. In addition, certain information may be provided or updated from a source other than Bibhu Mohapatra and Bibhu Mohapatra does not assume any liability or responsibility for the accuracy of such information.
Bibhu Mohapatra, and its employees, directors, officers, agents, representatives, vendors, and service providers are not liable for any damages, including special, indirect, punitive, or consequential damages of any nature, resulting from any use of or reliance on, the website, the Content, or other materials or information provided on or through the website, including, without limitation, damages for lost profits, loss of goodwill, or loss of data, software or content, or any use of any of the foregoing, even if an authorized representative of Bibhu Mohapatra has been advised or should have known of the possibility of such damage.
You acknowledge, by your use of the website, that your use is at your sole risk and that Bibhu Mohapatra will not be liable for any damages of any kind related to your use of or inability to use the website. In the event of any problem with this website or the Content, you agree that your sole remedy will be to cease use of the website.
If the foregoing limitations are held inapplicable or unenforceable for any reason, then the maximum liability of Bibhu Mohapatra to you for any type of damages shall be limited to the greater of the actual amount paid by you for any products offered on the website or U.S. $100.00.
TERMINATION
Bibhu Mohapatra may terminate, change, suspend, add to or discontinue any aspect of the website or the website’s services at any time, in our sole discretion, and without liability to any user. Bibhu Mohapatra may restrict, suspend or terminate your use of or access to the website and/or its services if we believe you are in breach of or are attempting to breach our terms and conditions or applicable law, or for any other reason without notice or liability (including, for example, if we learn that you have provided us with false or misleading information, or interfered with other users or the administration of our website or services).
CHOICE OF LAW
The Terms of Use are governed by and will be construed according to the laws of the state of New York in any proceeding or legal process, without regard to any conflict of law provisions. Any dispute, claim or controversy arising out of or relating to these Terms or to your use of the website, including the determination of the scope or applicability of this arbitration clause, shall be resolved by arbitration in New York, New York and will be conducted in the English language before a tribunal of three arbitrators. The arbitration shall be administered by the American Arbitration Association in accordance with its prevailing rules and procedures. The arbitrators shall decide the dispute in accordance with the substantive law of the state of New York. Judgment on the Award may be entered in any court having jurisdiction. There shall be no right or authority for any claims to be arbitrated on a class action basis. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The prevailing party in arbitration shall be awarded all costs and fees (including without limitation, reasonable attorney’s fees). Bibhu Mohapatra’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use by Bibhu Mohapatra must be made in writing and signed by an authorized representative of Bibhu Mohapatra specifically referencing these Terms of Use and the provision to be waived. Headings used in these Terms of Use are for convenience only and are not to be relied upon.
Whenever possible, each provision of these Terms of Use will be interpreted in such manner as to be effective and valid under applicable law, but if any provision is deemed prohibited or invalid under applicable law, such provision will be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these terms.
These Terms of Use will inure to the benefit of, and are intended to be enforceable by, Bibhu Mohapatra’s successors, assigns and licensees.
ENTIRE AGREEMENT
These Terms of Use are the sole and entire agreement between Bibhu Mohapatra and you with respect to the use of this website and supersede any and all other prior agreements between the parties. You agree that regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to the use of this website must be filed within one (1) year after such claim or cause of action arises.
MODIFICATIONS TO THESE TERMS OF USE
Bibhu Mohapatra reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use or any related policies or practices, in whole or in part, at any time. Such changes will be posted on the website and will be effective when posted. You should therefore review this page from time to time for updated information. Your continued use of the website and/or the services offered on or through the website after any changes to the Terms of Use are posted will be considered acceptance of those changes.