ETERNITY PICTURES TERMS OF USE

INTRODUCTION

These Terms of Use (the “Terms” or “this Agreement”) are a legal agreement between you and Eternity Pictures, (the “Company”, “we”, “our”, or “us”) governing your access to and use of the Company’s website located at https://eternitypictures.in (the “Site”).

PLEASE BE ADVISED THAT THESE TERMS OF USE CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND I/WE HAVE AGAINST EACH OTHER ARE RESOLVED (SEE DISCLAIMERS (SECTION 5) AND LIMITATION OF LIABILITY (SECTION 8) PROVISIONS BELOW).

THESE TERMS ALSO CONTAIN AN ELECTION TO ARBITRATE, WHICH WILL, UPON ELECTION BY YOU OR US, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT (SEE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT, SECTION 9). UNLESS YOU OPT OUT, IN THE EVENT OF AN ELECTION BY THE COMPANY TO ARBITRATE YOUR CLAIMS: (1) DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF ON AN INDIVIDUAL BASIS AND YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

BY ACCESSING THE SITE YOU AGREE TO BE BOUND BY THESE TERMS AND THE CODE OF CONDUCT. YOU UNDERSTAND THAT BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE AND THE CODE OF CONDUCT. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS OF USE AND THE CODE OF CONDUCT YOU MAY NOT USE THE SITE OR ANY SERVICES PROVIDED ON OR THROUGH THE SITE.

We respect the privacy of the Site users. We collect, use, and disclose information about you in accordance with our Privacy Policy [https://eternitypictures.in/privacypolicy] (“Privacy Policy”). Your and your family’s privacy is very important to us. We do not share your information except under certain circumstances as outlined in the Privacy Policy. You understand and agree that, notwithstanding any measures taken to prevent unauthorized disclosure, use of or connection to the Internet provides the opportunity for unauthorized third parties to circumvent such precautions and illegally gain access to confidential information. Accordingly, we cannot and do not guarantee the privacy, security, or authenticity of any information so transmitted over or stored in any system connected to the Internet.
Compliance With Terms and Code of Conduct. We may review your conduct and content for compliance with these Terms and our Code of Conduct. However, we have no obligation to do so. We are not responsible for your compliance with these Terms or the Code of Conduct, or any other party’s compliance with these Terms or the Code of Conduct.
Third-Party Linking. Although we may provide links to websites of third-party companies to you, your use of such links is subject to the respective terms and conditions imposed by the third-party company, and the agreement for your use will be between you and such third party. We make no warranty with regard to the websites of any other entity. We have no control over the content or availability of any third-party website. In particular, (a) we make no warranty that any third-party website you visit will be free of any contaminating or destructive code, such as viruses, worms, or Trojan horses and (b) it is your responsibility to become familiar with any web site’s privacy and other policies and terms of service, and to contact that site’s webmaster or site administrator with any concerns.
Suspension and Termination. We reserve the right to suspend, modify, or terminate your access to and use of the Site, at any time, without notice.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Proprietary and Privacy Protection for Other Users’ Content on the Site. We hereby notify you that all the information, content, image files, and materials on the Site may be protected by Indian and international copyright and other intellectual property laws and by other applicable laws, including privacy laws. You may not copy or distribute such material without our written consent.
Copyright Infringement.

Claims of Copyright Infringement. The Company reserves the right to remove any content that allegedly infringes another person’s copyright. Notices to the Company regarding any alleged copyright infringement should be directed to the Company via email at:

Service Provider: Eternity Pictures

Email: yashwardhansoni@eternitypictures.in

Notice of Infringement. To be effective, the notification must be a written communication that includes the following:

A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Takedown Notices. We may give you notice that we have removed or disabled access to certain material (which may include your content) by means of a general notice on the Service, electronic mail to your email address in our records, or by written communication sent by first-class mail to your physical address in our records.

TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR ANY LIABILITY FOR OUR FRAUD, FRAUDULENT MISREPRESENTATION, OR GROSS NEGLIGENCE, IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR: (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR (B) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER OR NOT WE OR ANY OF OUR AFFILIATES HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS IN ITS ESSENTIAL PURPOSE.

ADDITIONALLY, WE AND OUR AFFILIATES WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE FOR MORE THAN THE GREATER OF RUPEES ONE THOUSAND (₹1,000) OR THE AMOUNTS PAID BY YOU TO US FOR THE PAST TWELVE (12) MONTHS.

Some places don’t allow the types of limitations in this paragraph, so they may not apply to you.

Dispute Resolution and Arbitration Agreement. If you believe that the Company has not adhered to these Terms, please contact us by e-mail at yashwardhansoni@eternitypictures.in and we will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.

IF YOU AND THE COMPANY ARE UNABLE TO REACH A RESOLUTION TO THE DISPUTE, YOU AND THE COMPANY AGREE THAT EITHER YOU OR THE COMPANY MAY ELECT TO SETTLE THE DISPUTE PROMPTLY USING THEIR BEST EFFORTS TO RESOLVE ANY SUCH DISPUTE AMICABLY PRIOR TO RESORTING TO ARBITRATION OR LITIGATION. ANY ELECTION TO ARBITRATE BY ONE PARTY WILL BE FINAL AND BINDING ON THE OTHER.

YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT. YOU AND THE COMPANY AGREE THAT ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN THE COMPANY AND YOU INDIVIDUALLY. YOU ACKNOWLEDGE AND AGREE THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND THE COMPANY OTHERWISE AGREE IN WRITING, AN ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THE SITE OR THESE TERMS MUST BE BROUGHT, IF AT ALL, WITHIN ONE YEAR FROM THE ACCRUAL OF THE CLAIM OR CAUSE OF ACTION OR BE FOREVER BARRED.

You may opt out of this Arbitration Agreement. If you do, neither you nor the Company can require the other to participate in arbitration proceedings. To opt-out, you must notify the Company via email at yashwardhansoni@eternitypictures.in within 30 days of the date that you first became subject to this arbitration provision, which shall be the date you first visited the Site.

Booking Deposit and Payment: The Client shall make a non-refundable booking fee as per the contract/Agreement to retain Eternity Pictures to perform the services specified in the contract/Agreement.
Cancellation: In the event of cancellation of the Event or any associated activity/function, whether voluntarily by Client or through any other cause, Client shall remain liable for all direct or indirect costs of the Shoot and/or associated activities/functions, including any amounts already paid by the Client to the extent that such costs are not covered by the insurance if applicable.
- The Company's Charges in Case of Cancellation: If:
  a)    The job’s Agreement is terminated by either party if the parties have not settled the Booking Amount within 60 days of commencement of the term of the agreement; or due to the Client failing to use reasonable commercial efforts to settle the Shoot Charges, the Company shall have the right to charge, and Client shall pay promptly upon demand, for services rendered by the Company up to the time of such termination, at the Company's then-applicable standard service rates, provided that the amount of such charge shall not exceed the booking amount required pursuant to the relevant section of the shoot Agreement which states that the Client shall pay to the Company a non-refundable booking amount as invoiced forthwith upon execution of the shoot Agreement.;
  b)    This Agreement is terminated by either party upon a material breach of the shoot Agreement by the other which the other fails to reasonably rectify within 5 days of written notice thereof; Provided that the right of termination shall be in addition to all other rights and remedies available to the parties for breach or default by the other., then:
  i)    if the termination was on account of a breach by Client, then the Company shall be entitled to full payment of its charges as per the invoiced amount for the Shoot; and
  ii)    if the termination was on account of a breach by the Company, then the Company shall have the right to charge, and Client shall pay promptly upon demand, for services rendered by the Company up to the time of such termination, at the Company's then-applicable standard service rates.
- Shoot Costs Still Payable: In no case shall termination of the shoot Agreement limit Client's obligations hereunder to pay Shoot-related costs or any taxes incurred by the Company prior to the date of termination, provided that the Company shall, upon the termination of the shoot Agreement prior to the full performance hereof, use reasonable efforts to rescind and/or otherwise terminate any agreements then in place in relation to the Shoot, in an effort to limit Client's liabilities in such regards.
- Outstanding Charges: Despite termination or expiration of this agreement, the Company shall still be owed any payments due payable prior to the termination of the Agreement, or within 30 days of a stated owed amount.
Rejection Fee: Unless a rejection fee has been agreed upon in advance, the client does not have a right to reject on the basis of style, composition, or editing.
Refunds: A cancellation fee will be charged to the client as specified hereunder. When a client cancels a booking within two weeks (14 calendar days) of any confirmed date, a fee of 100% of the booked rate will be charged. In addition to this cancellation fee, the client will be charged for any expenses already incurred by the Photographer. If a client cancels prior to two weeks (14 calendar days), then the client will be refunded as per the shoot Agreement signed by the Client and the Company.

You must include your name and residence address, the email address you use for your account, and a clear statement that you want to opt out of the arbitration agreement.

General.

We may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the Site after the “Last Revised” date at the top of these Terms. Your continued access to and use of the Site after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms. If you do not agree with the modifications, do not access the Site.
Applicable Law. This Agreement shall be interpreted in accordance with Indian laws applicable therein without reference to principles of conflicts of laws. The relevant courts in Goa shall have exclusive jurisdiction to hear and determine all proceedings in relation thereto. The parties each hereby irrevocably attorn to the jurisdiction of such courts for such purposes.
The Company is located in Goa, India. Any questions, comments, or suggestions, including any report of violation of these Terms, should be provided to the Administrator as follows:

By E-mail:

yashwardhansoni@eternitypictures.in

By Phone:

+919702033235, +918999660156

Entire Agreement. These Terms, along with any other applicable agreement referenced herein, constitute the entire agreement between you and us and govern your use of the Site, superseding any prior agreements between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you and we nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.

CODE OF CONDUCT

This Code of Conduct is a part of the Terms of Use governing your access to, and use of, the Site provided by Eternity Pictures. Capitalized terms used but not disclosed in this Code of Conduct have the meaning provided in the Terms of Use.

You agree not to misuse the Site or help or encourage any other party to misuse the Site. For example, and without limitation, you may not:

interfere or disrupt the Site;
breach or otherwise circumvent any security or authentication measures;
adapt, modify, or reverse engineer any portion of the Site;
use any spider, robot, retrieval application, or any other device to retrieve any portion of the Site;
disseminate, store, or transmit viruses, worms, Trojan horses, or other malicious code or programs;
violate any applicable federal, state, local, or international law or regulation;
invade the privacy of any person, including but not limited to submitting personally identifying or otherwise private information about a person without their consent;
submit false or misleading information to us;
engage in any other activity deemed by us to conflict with the spirit of the Terms, the Privacy Policy, or this Code of Conduct; or
attempt to do any of the foregoing or encourage or enable any third party to do any of the foregoing.