Description of Service
VIVIDLIPI has obtained relevant licenses to digitise print, electronic or other versions of books, articles, and blogs into digital form using its proprietary software bearing the brand name “VIVIDLIPI” (“Software”) or any other allied technology. The digital form created using the Software or any other allied technology are published, distributed and sold on the Website or on VIVIDLIPI’s proprietary reader application bearing the brand name “VIVIDLIPI” from where users can browse, shop for and purchase the digital products, other products or services. The users acknowledge and agree that the digital products purchased from the Website can be used solely on the VIVIDLIPI application and that VIVIDLIPI will not be liable for any claims arising from the inability to use the digital products on any third party digital reader.
Use/Changes in Service
VIVIDLIPI may impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability. You will be able to browse for the digital products and/or access excerpts or synopsized versions of the digital product, if any, without registering on the Website. Provided however that VIVIDLIPI will require you to register to purchase the products/services available for sale on the Website.
By registering on the Website, you represent that you are a major or legally entitled to contract under Indian law, and are not barred by any law, in any jurisdiction or bound by any agreement that restricts your right to accept the Agreement or use the Website and/or the Services. In the event you are a minor as per Indian law, or if you are barred by any law, in any jurisdiction or bound by any agreement that restricts your right to accept the Services, you may not register on the Website and avail the Service provided in the Website. VIVIDLIPI reserves the right to accept your registration on the Website.
You agree to:
1. Provide true, accurate, current and complete information about yourself as prompted by in the registration form (“Registration Data”) and
2. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if VIVIDLIPI has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, VIVIDLIPI has the right to suspend or terminate your account and/or refuse any or all current or future use of the Website or any portion thereof.
As part of the registration process, you will choose a password and a User ID. In choosing your User ID you will not
1. Choose or use a User ID of another person already registered with the Website with an intent to impersonate that person;
2. Choose or use the User ID in which another person has proprietary rights without such person’s written authorization submitted to the Website;
3. Choose a User ID that is offensive, vulgar or misleading; or
4. You will not choose pseudonym or aliases.
You will be solely responsible for maintaining the confidentiality of your password, which you will not reveal to any representative or agent of the Website or to any other person. You are responsible for all usage or activity in your account, including use of the account by any third party authorized by you to use your User ID and password. Any fraudulent, abusive, misuse or otherwise illegal activity may be grounds for termination of your account at the Website’s sole discretion and also any legal action against you.
You will immediately notify Website at firstname.lastname@example.org of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You agree to ensure that you exit from your account after each session. VIVIDLIPI, its directors, employees, representatives, successors, assigns or agents or any other person will not be liable for any losses caused to you, whether directly or indirectly for any unauthorised use of your account or for your failure or delay to intimate VIVIDLIPI of known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or other personal Information.
You acknowledge, consent and agree that VIVIDLIPI may access, preserve or disclose your account information, including Registration Data, if required to do so by law or in good faith, believing that such access, preservation or disclosure is reasonably necessary to
1. Comply with legal process;
3. Respond to claims that such Registration Data violates the rights of third parties;
4. Respond to your requests for customer service; or
5. Protect the rights, property or personal safety of VIVIDLIPI, its users and the public.
By submitting Registration Data, you grant VIVIDLIPI, its affiliates and assignees a worldwide, royalty-free, exclusive right and license to use, store and archive such Registration Data in whole or in part in any form or medium whatsoever, without liability and without compensation of any sort, till such time that your account is active or as needed to provide you services. Provided however, you acknowledge, consent and agree that VIVIDLIPI may retain the Registration Data for longer if it is necessary to prevent fraud or future abuse, or for legitimate business purposes or if required by law.
You acknowledge, agree and consent that VIVIDLIPI will have access to the bookmarks, highlights, and notes made on the digital products purchased for identifying popular passages with the most highlights and public notes.
You may not sell, trade, or transfer an account to another person, nor accept or use an account that was not originally yours. If you violate these conditions, your account will be terminated immediately.
Each registration is for a single user only. Therefore, we do not permit any of the following:-
1. Any other person sharing your user name and password;
2. Any part of the Website being cached in proxy servers and accessed by individuals; who have not registered with the Website as a user; or
3. Access through a single user name and password being made available to multiple users on a network.
4.Prohibited Behavior. You must not use the Online Services to interfere with or disrupt the proper operation of the Online Services in any manner that may adversely affect VIVIDLIPI or any third parties, including using the Online Services to do any of the following prohibited actions:
• Access data or materials not intended for you;
• Log into a server or account which you are not authorized to access;
• Harm minors in any way;
• Engage in excessive use of the Online Services which impairs the fair use of others;
• Use the Online Services for any purpose or in any matter that violates any local, state or federal law or regulation or the law or regulation of any foreign government;
• Upload or otherwise transmit any information or material that infringes or violates any patent, trademark, copyright or other intellectual property right, privacy right or publicity right of any person or entity;
• Post or transmit any information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invades the privacy of another person or any other information or materials that constitute a crime, give rise to a civil action or otherwise violate any law or a confidentiality agreement that you have with a third party;
• Impersonate another person or entity, including without limitation a representative of VIVIDLIPI, falsely represent or misrepresent your affiliation with another person or entity, forge headers, or otherwise manipulate identifiers that would disguise the origin of any content transmitted through the Online Services;
• Upload or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt or limit the functionality of any computer hardware, computer software or telecommunications equipment or facility; or
• Attempt to probe, scan or test the vulnerability of a system or network or service to any user, host or network, including without limitation, by means of submitting a virus to the Online Services, overloading, “flooding”, “mailbombing” or “crashing” the Online Services.
• Violations of system or network security may result in civil or criminal liability. Vividlipi reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who have participated in such violations. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet.
You further agree:
• To notify the Online Services’ Help Desk promptly if you suspect unauthorized use of the Online Services;
• That you are responsible for the results obtained, and conclusions drawn, from your use of the Online Services;and
• To comply with all applicable laws, regulations, or conventions in using the Online Services, including, but not limited to, those related to child pornography, gambling or gaming, obscenity, intellectual property rights, data privacy, import/export of data and taxes, or misleading or deceptive conduct.
You will log in using your unique User ID and password to make payments for purchasing products/services from the Website. The payments can be made via credit cards, debit cards, net banking or mobile banking by means of the facility provided by the payment gateways and other related payment service providers.
You agree that the digital products purchased cannot be returned, provided however that VIVIDLIPI might, at its sole and absolute discretion, refund the payments made towards purchase of any e-books/digital products in case of any defects, discrepancies or inconsistencies.
This Website is owned and operated by Mooka Ventures P Ltd. All content in the Website including but not limited to any text, images, graphics, data, database, software, video and audio used on this Website (“Content”) belong to Mooka Ventures P Ltd or has been licensed to Mooka Ventures P Ltd by third parties. Any use, including the reproduction, modification, adaptation, distribution, translation, transmission, re-publication or in any other way exploitation of the Content is strictly prohibited. The Website and the Content are made available solely for your own personal, non-commercial and lawful use. Nothing contained on the Website should be considered as granting you, by implication, estoppel, or otherwise, any license or right to use any trade-marks, logos, or other names contained in the Website without the expressed written consent of the applicable rights holder.
Representation of VIVIDLIPI
Whilst every effort to update the information contained on this Website is made, neither Mooka Ventures P Ltd or VIVIDLIPI or its affiliates nor any of its licensors makes any representations or warranties, whether express or implied as to the accuracy, authenticity, validity, completeness or reliability of any information, opinions, data and/or Content contained on this Website.
Mooka Ventures P Ltd (VIVIDLIPI) reserves the right at any time to change or discontinue without notice, any aspect or feature of this Website or the entire Website/services itself. At time of any technical issues in the site or APP or related technical infra, VIVIDLIPI may reject/revert the purchase due to technical errors
We may also allow other third party advertisers, or ad networks to set or access their cookies on the Website. For example, we may use third party advertising companies to serve ads on our behalf across the internet or to display ads for other companies on our Website. These third-party advertising companies employ cookies to measure and improve the effectiveness of ads for their clients, including us. To do so, these companies may use information about your visits to our Website and other websites. This information may include: date/time of banner ad shown, their cookie, and the first three octets of the IP address. This anonymous information can also be used for online preference marketing purposes. These third parties may use information about your visits to our Website and other websites in order to provide ads about goods and services of interest to you.
You are free to decline cookies, but by doing so, you may not be able to use certain features on the Website or take full advantage of all of our offerings.
Undertaking, Representation and Covenants of the User
When using this Website, you expressly undertake, represent and covenant that you shall not:
1. Restrict or inhibit any other user from using or enjoying this Website, including without limitation by means of hacking or defacing any portion of this Website;
2. Transmit any information that contains a virus, worm, time bomb, trojan horse or other harmful or disruptive component;
3. Reproduce, duplicate, copy, sell, resell or exploit for any commercial or unlawful purposes, any Content or any portion thereof;
4. Remove any copyright, trademark, or other proprietary rights notices contained in this Website Content downloaded from the Website;
5. Frame, mirror or link any part of the Website without VIVIDLIPI’s prior written authorization;
6. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Website or the Content or to retrieve or index any portion of the Website or collect information about users;
7. restrict or inhibit any other user from using and enjoying the Website;
8. use the Website for any illegal or unauthorized purpose.
This Website may contain hyperlinks or other connection devices, which will allow you to use this Website and access other Websites. VIVIDLIPI is not responsible and assumes no responsibility for the contents of any non-VIVIDLIPI linked Website, or for any potential damage arising out of or in connection with the use of any such link. The websites to which links are provided in this Website are not under the control of VIVIDLIPI. Access to any other website linked to this Website is at the user’s own risk.
In addition, the existence of a link between this Website and any other Website is not and shall not be understood to be an endorsement by VIVIDLIPI of any material, substance, information or the owner or proprietor of the linked Website, and such link shall not imply nor create any relationship or endorsement between VIVIDLIPI and the owner or proprietor of such linked Website.
VIVIDLIPI or any third party advertisers may display advertisements and promotions on the Website. The manner, mode and extent of advertising by VIVIDLIPI on the Website are subject to change. By clicking on any advertisements you may leave this Website and be directed to an external Website, or to a Website maintained by an entity other than VIVIDLIPI. If you decide to visit any such Website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. VIVIDLIPI makes no warranty or representation regarding, and does not endorse, any linked Websites or the information appearing thereon or any of the products or services described thereon.
VIVIDLIPI makes no warranty or representation regarding the merchantability, fitness for particular purpose, availability, efficacy, reliability, durability of any product or service advertised on the Website.
The Service enables corporates to create and maintain their microsites on the Website (“Microsite”)
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, links or other materials (“Microsite Content”), posted on any Microsite is the sole responsibility of the person from whom such Microsite Content originated.
VIVIDLIPI does not monitor the Microsite Content and does not guarantee the accuracy, integrity or quality of such Content.
Under no circumstances will VIVIDLIPI be liable in any way for any Microsite Content, including, but not limited to, any errors or omissions in any Microsite Content, or any loss or damage of any kind incurred as a result of the use of any Microsite Content or otherwise made available via the Service. You agree that you will evaluate, and bear all risks associated with the use of any Microsite Content, including any reliance on the accuracy, completeness, or usefulness of such Microsite Content. You understand that the technical processing and transmission of the Service, including Microsite Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
By creating a Microsite on the Service, you grant VIVIDLIPI a worldwide, non-exclusive, irrevocable, royalty-free, fully paid up, unlimited, assignable, sub-licensable perpetual license to reproduce, publish, copy, prepare derivative works of, improve, distribute, remove, retain, add, process, analyze, use Microsite Content on the Website.
Availability. The Online Services are generally available seven (7) days a week. However, Vividlipi may, at any time, without notice or liability, restrict the use of the Online Services or limit their availability in order to perform maintenance, update the Content or features, or for any other reasons Vividlipi deems appropriate.
Disclaimer of Content. You understand and acknowledge that Vividlipi assumes no responsibility to screen or review Content available through the Online Services that is originated by parties other than Vividlipi, and that Vividlipi shall have the right, but not the obligation, in its sole discretion to monitor, refuse and remove any Content that is available through the Online Services. Vividlipi expressly disclaims all responsibility or liability to you or any other person or entity for the performance or nonperformance of Content review. Further, Vividlipi makes no representation or warranty as to the appropriateness of any Content, including, without limitation, based on the age, gender, maturity, or other characteristic of a User.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF ANY AND ALL CONTENT AVAILABLE THROUGH THE ONLINE SERVICES.
THIS WEBSITE, THE INFORMATION AND MATERIALS ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THERE IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY THIRD PARTY CONTENT. THERE IS ALSO NO WARRANTY THAT THIS WEBSITE WILL BE FREE OF ANY COMPUTER VIRUSES. VIVIDLIPI PROVIDES NO WARRANTY THAT: (A) THIS WEBSITE WILL MEET YOUR REQUIREMENTS; (B) THIS WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) ANY CONTENT OFFERED THROUGH THE WEBSITE WILL BE ACCURATE OR RELIABLE.
LIMITATION OF DAMAGES
IN NO EVENT SHALL MOOKA VENTURES P LTD OR VIVIDLIPI OR ANY OF ITS SUBSIDIARIES OR AFFILIATES BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE WEBSITE OR ANY LINKED WEB SITE, EVEN IF VIVIDLIPI IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Website may contain inaccuracies and typographical and clerical errors. VIVIDLIPI expressly disclaims any obligation to update this Website or any of the Content on this Website. VIVIDLIPI does not make any representations by virtue of the Contents of this Website in respect of the guaranteed availability of any product advertised. VIVIDLIPI may make any other changes to the Website, the Content and the products, programs, services, points or prices (if any) described in the Website at any time without notice.
VIVIDLIPI will not be liable for any damages (including, without limitation, damages for any consequential loss or loss of business opportunities or projects, or loss of profits) howsoever arising and whether in contract, tort or otherwise from the use of or inability to use the Website, or any of its Contents or from any action or omission taken as a result of using the Website or any Content.
Dispute Resolution and Choice of Law
Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, shall be settled by arbitration in Bangalore, in accordance with the Indian Arbitration and Conciliation Act, 1996. The number of arbitrators shall be three, where each Party will have the right to appoint one: (1) arbitrator and the two (2) arbitrators will appoint the third arbitrator. The language to be used in the arbitral proceedings will be English.
No Third Party Beneficiaries
This contract is solely for your benefit and the benefit of VIVIDLIPI.
You may file notices with VIVIDLIPI at the following email
Mooka Ventures Private Limited,
Mail id: email@example.com
Without limiting the foregoing, under no circumstances shall VIVIDLIPI be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, but without limitation to, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
Terms and Conditions for Blog & News:
§ All content posted or submitted by users of the blog are the views of the author of the contribution, not necessarily the views of Mooka Ventures P Ltd or www.vividlipi.com
§ VIVIDLIPI is not responsible for contributions on the blog, nor for the content of any external sites that may be linked from these pages.
§ News are the content received from other sources and VIVIDLIPI don’t hold any responsibility for the content
§ Users of the blog/news must not post any material that is knowingly false or misleading, defamatory, illegal, abusive, harassing, liable to incite racial hatred, blasphemous, discriminatory, pornographic, sexually oriented, threatening, or invasive of anyone’s privacy.
§ You mustn’t post anything you don’t own the rights to, or haven’t obtained necessary licences and /or approvals for first. You mustn’t post anything technically harmful – including viruses, Trojan horses, worms etc.
§ Users mustn’t impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
§ We’re entitled to reveal your identity (or any information we have about you) if appropriate and in accordance with data protection legislation.
§ Anything you send or post to this website will be considered non-confidential. By transmitting or posting a contribution to the website you automatically grant us a ‘non-exclusive, perpetual, non-terminable, worldwide, sublicensable, and royalty-free licence’ – that just means we can copy and use your contribution in any form and any place that we think will help with our work.
§ Contributors to discussion websites must have a valid email registered with us at all times. By registering, you certify that all information you provide in the registration is accurate.
§ If we ask you to register for certain elements of our blog or website, please keep your registration details up-to-date (let us know if you change your email address, for example). We also expect you to keep any user names or passwords confidential to prevent unauthorised access to your account. Let us know right away if you think someone else may have access to your account. You’re responsible for all activities that occur under your username and password.
§ We may terminate your registration at any time, but it would generally only be if you breach the website rules. You won’t be able to re-register with us without our written consent.
§ While we encourage our supporters to campaign on the topics, issues referred to on our website and blog, please do not imply that you are taking action on behalf of Mooka Ventures P Ltd or www.vividlipi.com. In particular do not state that Mooka Ventures P Ltd or www.vividlipi.com is taking, or proposes or is considering taking, action against individuals or organisations – for example, a boycott of a company’s products or services.
§ We may sometimes allow companies to advertise goods and services on our websites. We will not knowingly run an advert that’s untrue, or which relates to goods or services contrary to our objectives, but the appearance of an ad does not mean we endorse the advertiser’s goods or services. We are not responsible for the accuracy of any advertising material or for any advertised product or service.
§ Except for products expressly sold by Mooka Ventures P Ltd or www.vividlipi.com, the mention of a company’s product on a www.vividlipi.com website or blog does not represent any endorsement or warranty of that product by Mooka Ventures P Ltd or www.vividlipi.com.
§ We cannot accept responsibility for any loss, disruption or damage to your data or your computer system or mobile device from your use (or misuse) of this blog – including downloading or streaming from the website, or from following links to external sites.
§ The material on this website is provided ‘as is’, without any conditions, warranties or other terms of any kind.
§ We take your privacy very seriously and will treat all of your personal information according to the relevant data protection laws in India.
§ All the books, video and audio on this site is the copyright of Mooka Ventures P Ltd or third parties. You’re not allowed to copy, download, re-use or broadcast the content unless it’s for non-commercial, personal or educational use.
§ This blog is owned and administered by Mooka Ventures P Ltd under project name www.vividlipi.com
§ These terms may be updated or change at any time, in which case the amended terms will be posted here and will apply from the date we post them.
§ Disclaimer of damages
By using this website or any part of it (including the blog or any interactive areas), you assume all risks associated with the use of this site, including any
risk of relying on information or content found on this site; or risk to your computer, software or data being damaged.
VIVIDLIPI shall not be liable to you for any direct, indirect, special, incidental, or consequential damages, including (but not limited to) lost revenues or lost profits, resulting from the use or misuse of the VIVIDLIPI website and/or information contained on it.
If your use of the website, including (but not limited to) your use of the Blog/news or posting/uploading of comments or other content, or breach of these Terms and Conditions creates any losses for VIVIDLIPI, you will compensate VIVIDLIPI for all its losses (including direct and indirect losses, all costs and all damages).
§ Note: the format and content of our blog and websites change constantly. You should refresh your browser each time you visit to ensure that you access the most up-to-date version.
§ If you have any questions about any of this at all, please e-mail us direct at firstname.lastname@example.org