Terms & Conditions

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  1. Acceptance of Terms
  2. Intellectual Property; Limited License to Users
  3. Shutterstock Trademarks
  4. Information You Provide
  5. Your Content
  6. Infringement Claims / DMCA Notices
  7. Limitations
  8. Restriction and Termination of Use
  9. Links to Third Party Sites
  10. Warranties and Disclaimers
  11. Governing Law And Jurisdiction
  12. Termination
  13. Remedy For Breach
  14. Severability
  15. Waiver
  16. MFC Reserves
  17. Cancellation Policy
  18. Miscellaneous

1. Acceptance of Terms

  1. You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that myfavouritecartoon.com, (“MFC”) may publish from time to time (collectively, the “Terms & Conditions”). If you do not agree to all of the terms and conditions mentioned here, do not access or use this Site.
  2. MFC may change these Terms & Conditions from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms & Conditions, rules and guidelines posted on the Site at the time of such use. Please regularly check the ” Terms & Conditions” link on the home page of myfavouritecartoon.com to view the then-current terms. If you breach any of the Terms & Conditions, your license to access or use this Site shall automatically terminate.

2. Intellectual Property; Limited License to Users

  1. Subject to your compliance with these Terms & Conditions, any applicable license agreement with MFC, and the law, you may access and use the Site. MFC remains the sole owner of all rights, title, and interest in the Site and reserves all rights not expressly granted under these Terms & Conditions. MFC may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in MFC’s sole discretion. MFC provides the Site on an “as is” and “as available” basis.
  2. All content on this Site, including but not limited to Images, Footage, Music, and related metadata (collectively the “MFC Content”), as well as the selection and arrangement of the MFC Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any MFC Content violates such laws and these Terms & Conditions. Except as expressly provided herein or in a separate license agreement between you and MFC, MFC does not grant any express or implied permission to use the Site or any MFC Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any MFC Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or MFC Content.
  3. Unless you enter into a license agreement with MFC you may not download, distribute, display and/or copy any MFC Content.
  4. You may not remove any watermarks or copyright notices contained in the MFC Content.

3. MFC Trademarks

  1. For the purposes of these Terms & Conditions, the term, “Trademark(s)” means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by MFC.
  2. Nothing contained herein grants or shall be construed to grant you any rights to use any MFC Trademark, unless expressly conferred by these Terms & Conditions.
  3. You agree that you will not use MFC’s Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or MFC.
  4. You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of MFC Trademarks or the Trademark rights claimed by MFC.
  5. You agree that you will not use any MFC Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.
  6. You may not at any time, adopt or use, without MFC’s prior written consent any word or mark which is similar to or likely to be confused with MFC’s Trademarks.
  7. The look and feel of the MFC website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of MFC and may not be copied, imitated or used, in whole or in part, without the prior written consent of MFC.
  8. All other trademarks, product names, and company names or logos used or appearing on the MFC website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by MFC, unless expressly so stated.
  9. You may not use a MFC trademark, logo, Image or other proprietary graphic of MFC to link to the MFC website without the prior written consent of MFC.
  10. You may not frame or hotlink to the MFC website or any Image without the prior written consent of MFC.

4. Information You Provide

  1. MFC (or third parties acting on its behalf) may collect information related to your use of the Site. Third-party platforms through which you access the Site may collect information related to your use of such third-party platform and make such information available to MFC subject to your agreement with the applicable third-party platform. MFC’s collection and use of all such information shall at all times conform to these Terms & Conditions, the MFC Privacy Policy, and applicable law.
  2. MFC will use and protect your personal information, such as your name and address, in accordance with the MFC Privacy Statement, the contents of which are incorporated by reference into these Terms & Conditions.

5. Infringement Claims / DMCA Notices

  1. If you believe that any Image or other material made available by MFC infringes upon any copyright that you own or control, you may notify MFC at contact@myfavouritecartoon.com.

6. Limitations

  1. You agree that you shall not:
    • Engage in any conduct that shall constitute a violation of any law or that infringes the rights of MFC or any third party.
    • Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by these Terms & Conditions.
    • Violate the rights of MFC or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.

7. Restriction and Termination of Use

  1. MFC may block, restrict, disable, suspend or terminate your access to all or part of the Site and/or MFC Content at any time in MFC’s discretion, without prior notice or liability to you. Any conduct by you that, in MFC’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in the termination of your access to the Site without further notice.

8. Links to Third Party Sites

  1. In the event that the Site is available through any third-party platform, or if MFC provides links from the Site to any third-party platform or permits any third party to link from its platform to the Site, you understand and agree that MFC makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of MFC, and MFC provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by MFC.

9. Warranties and Disclaimers

  1. Your use of the Site is at your own risk. The Site is provided by MFC under these Terms & Conditions “as is” without warranty of any kind, either express, implied, statutory or otherwise. MFC expressly disclaims any and all warranties of any kind, whether express or implied, to each and any service available from the Site, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, MFC makes no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations; and (iv) any errors or defects in the site, services or materials will be corrected. MFC makes no representations or warranties that the Site will be permitted in your jurisdiction, that any of Your Content submitted by you will be available through the Site or will be stored by the Site, that the Site will meet your needs, or that MFC will continue to support any particular feature of the Site. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site, and no warranties shall apply after such period.

10. Indemnification

  1. You agree to defend, indemnify and hold harmless MFC, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your conduct, your use or inability to use Site, your breach or alleged breach of the Website Terms & Conditions or of any representation or warranty contained herein, your unauthorized use of the MFC Content, or your violation of any rights of another.

11. GOVERNING LAW AND JURISDICTION

Any dispute, violation, controversy, contest or claim arising out of or relating to this Agreement or the breach, termination or validity thereof (hereinafter the “Disputes”) shall be resolved amicably in the first instance. The Parties agree to meet to resolve such dispute in good faith. Should such a solution not be reached, within [30] days from the date of commencement of the dispute, difference or disagreement or such longer period of time as may be mutually agreed by the Parties in writing, such dispute, difference or disagreement shall be referred to Arbitration and shall be finally resolved through arbitration conducted by a tribunal of three arbitrators, with the right of each party to appoint an arbitrator, who in turn will appoint a Presiding Arbitrator. The Presiding Arbitrator shall pass a speaking award. Any order/directions/awards of the majority of the tribunal shall be final and binding on both the parties. The arbitration proceedings shall be in accordance with the Indian Arbitration and Conciliation Act 1996 and Rules there under as at present in force. The seat of arbitration shall be Delhi, India. The arbitration shall be administered in accordance with its practice, rules, and regulations. If the award passed in the Arbitration proceeding is not acceptable to any of the parties, then the Party is free to approach the appropriate court of law as agreed herein below. This Agreement shall be construed in accordance with and governed by the laws of India without giving effect to their conflict of laws principles or rules. The courts at Delhi, India shall have exclusive jurisdiction.

12. TERMINATION

Notwithstanding any of these Website terms and conditions, MFC reserves the right, without notice in its sole discretion, to terminate your account and/or block your use of the Website. Upon termination, you must destroy and cease to use all materials obtained from this Website, copies and related documentation thereof with immediate effect.

13. REMEDY FOR BREACH

You agree that any breach of this Agreement by you or your representatives would cause MFC irreparable harm, injury, loss and damage, the extent of which would be impossible to ascertain and for which monetary damages would not be an adequate remedy. Accordingly, in addition to any other remedies MFC may have at law or in equity, MFC shall be entitled to injunctive and other equitable relief in the event of any such breach of this Agreement by you or your representatives.

14. SEVERABILITY

If one or more of the provisions contained in this Agreement is found to be invalid, illegal or enforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.

15. WAIVER

No action of MFC, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of MFC of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by a party of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on any occasion will not be construed as a bar to or waiver of rights or remedies on any other occasion. Any rights not expressly granted herein are reserved.

16. MFC RESERVES

MFC reserves the right to change any terms and conditions contained in this Agreement or any policy or guideline of the Website, at any time and in its sole discretion. Your continued use of the Website following the posting of such changes will constitute your acceptance of such changes.

17. CANCELLATION POLICY

MFC believes in helping its customers as far as possible and has therefore a liberal cancellation policy. Under this policy: In case you feel that the product received is not as shown on the site or as per your expectations, you must bring it to the notice of our customer service within 24 hours of receiving the product. The Customer Service Team after looking into your complaint will take an appropriate decision.

 

18. Miscellaneous

  1. In the event of any conflict between these Terms & Conditions and any license agreement you enter with MFC, the terms of such license agreement shall control.
  2. These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms & Conditions shall not affect the validity or enforceability of the balance hereof.