Sundar, Inc.

Terms & Conditions

Revised June 7, 2016

Please read these terms and conditions ("Agreement" or "Terms") of use carefully before using this Platform. By using the Platform, you signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use the Platform. This "Agreement" is made and entered by and between Sundar, Corporation, a Delaware Corporation (and its successors and assigns) the operator of the Platform known as "Sundar.io" (and any affiliated Platform and their successor Platform(s), the "Platform") and "you", the "user" or the "Subscriber". If you are accessing, using, viewing the content or otherwise obtaining information on the Platform (collectively "Accessing" or "Access" as the context requires) as an employee or agent of another, "you" (or "your" or "user") refers to you and your principal. Sundar reserves the right to modify these terms and conditions at any time. You agree to check the Platform periodically for changes to these Terms. Any use of the Platform after changes have been made shall be deemed your acceptance of those changed terms and/or conditions. By using the Platform, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; (d) you are a bona fide buyer and or supplier and (e) your use of the Platform does not violate any applicable law or regulation. Your profile may be deleted and your Access may be terminated without warning, if we believe that you are under 18 years of age.

BY USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS SUNDAR MAY MAKE AT ANY TIME. YOUR CONTINUED USE OF THIS PLATFORM WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.

1. The Service

Sundar hereby grants each Subscriber a limited, non-exclusive, non-sublicensable and non-transferable license to Access the content and information available on the Platform (the "Service") in accordance with the provisions contained herein, and subject to Subscriber's adherence to these Terms. For purposes of this Agreement, "Service", "Site" and "Platform" are used interchangeably. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Platform (or any part thereof) with or without notice. You agree that Sundar shall not be liable to you or any third party for any such modification, suspension or discontinuance of our Platform. In addition, we reserve the right to terminate users access to our Platform for any reason, and to take any other actions that Sundar, in its sole discretion, believes to be in the best interest of our company and of our users as a whole. Sundar reserves to itself complete editorial freedom in the form and content of the Service and may alter the same from time to time. Subscriber acknowledges and agrees that other subscribers authorized to input information into Sundar services ("Contributors") may restrict the Subscriber from receiving Contributors' items of contributed information. No subscriber or Contributor will have any recourse against Sundar arising out of the supply of, or failure to supply, contributed information by or to any other subscriber. User acknowledges that this Agreement, all usernames and passwords to Sundar Platform, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of the Platform, its color combinations, layout, and all other graphical elements, certain databases, programs, protocols, Contributor content, displays and manuals which may form part of the Service (as well as the selection, arrangement and sequencing of the contents thereof) (the "Proprietary Information"), are proprietary and unique to Sundar, as to which copyright, patent or other proprietary rights may be held by Sundar or by third parties from whom Sundar has licensed or otherwise acquired such rights. Nothing on the Platform or in the Platform's content may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Sundar. The Subscriber agrees to take or cause to be taken any and all necessary precautions to maintain the confidentiality of such Proprietary Information, and to comply with all copyright, trademark, trade secret, patent and other laws necessary to protect all rights in the Proprietary Information, and agrees not to remove, conceal or obliterate any copyright or other proprietary notice included in the Service. If you submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to Sundar, you may forfeit your intellectual property rights and moral rights contained in such communication or material.

You agree to inform Sundar of the nature of your communications to buyers and suppliers and to disclose to Sundar any transactions you consummate with any buyers and suppliers accessed through the Platform.

2. Prohibited Conduct:

User expressly agrees to refrain from doing, either personally or through an agent, any of the following "Prohibited Conduct":

Sundar reserves the right to monitor use of the Platform and reserves the right to revoke or deny Access to the Platform to any person or entity whose (i) use of the Platform suggests Prohibited Conduct or (ii) Access of the Content beyond that of normal patterns of use that suggests systematic copying of the Content, Any such behavior shall be determined by Sundar in its sole discretion.

3. Grant of Rights.

Our Platform (including all text, photographs, graphics, video and audio content contained on our Platform) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we (subject to the rights of our Contributors, licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual articles, blogs, videos, content and other elements comprising our Platform are also copyrighted works, and we (subject to the rights of our Contributors, licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on our Platform.

4. Liability

5. Authorized Use

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Users are prohibited from violating or attempting to violate the security of the Platform. Sundar has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. The may suspend Your Access while it conducts an investigation. Users are required to enter a user name and password to Access the Platform. You are responsible for maintaining the secrecy of your user name and password. You may not use the account, user name or password of someone else on the Platform at any time nor disclose your password to any third party or permit any third party to Access the Platform. Sundar is not be liable for any loss that you incur as a result of someone else using your user name and password with or without your knowledge and you agree to hold harmless, defend and indemnify Sundar and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors due for any losses or damages (including court costs and attorneys' fees) incurred by someone else's use of Your account, user name or password.

6. Links to Other Platforms

The Platform may have links, such as hyperlinks or buttons, directing access to third party's web Platforms ("Linked Platforms"). The Linked Platforms are not controlled or monitored by Sundar. Sundar is not responsible for any materials, information, or content posted on the Linked Platforms. The inclusion of the Linked Platforms on the Platform does not imply any relationship or association between Sundar and the owner of the Linked Platforms or any endorsement or sponsorship by Sundar of the Linked Platforms. We include the Linked Platforms solely for your convenience. You are solely responsible for your access of the Linked Platforms and abiding by all of the terms and conditions and privacy policies of the respective Linked Platform. Please use your own judgment, caution, and common sense in using the Linked Platforms.

7. Term and Termination

Sundar has the right, in its sole discretion, to terminate any services of the Platform and remove any materials from the Platform at any time. Sundar may also terminate your access to any part or all of the services provided by Sundar on the Platform at any time, with or without cause or notice, for any reasons. If you want to terminate your account, you may only cease your use of the Platform. Sundar shall not be responsible for maintaining or returning your account, or your logon and password. In the event of termination of this Agreement, Sundar's grant of the limited license hereunder and User's right to Access shall immediately terminate and the remaining provisions of this Agreement, including Subscriber's obligation to pay outstanding fees hereunder, if any, shall survive any such termination.

8. General

9. PRIVACY POLICY

Sundar is committed to protecting your privacy. This privacy policy tells you about our online collection and use of data. By using this Platform, you understand and agree to the terms of this policy. This Platform is owned by Sundar ("Sundar"). For data protection purposes, Sundar is the controller and, unless otherwise noted, is also the processor of data. Information collected may be retained, and may be stored, processed, accessed, and used in jurisdictions whose privacy laws may be different and less protective than those of your home jurisdiction.

10. COLLECTION OF YOUR PERSONAL INFORMATION

When you visit this Platform, certain kinds of information, such as the website that referred you to us, your IP address, browser type and language, and access times, may be collected automatically as part of the Platforms operation. We also may collect navigational information, including information about the pages you view, the links you click, and other actions taken in connection with the Platform. We may combine your visit and navigational information with personal information that you provide. You may always choose not to provide personal information, but if you so choose, certain products and services may not be available to you. Personal information (e.g., your username and password, your name, your mailing address, email address, and phone number) is collected when you register. Demographic information (genre of publication or website, readership, clientele, regional information) may also be collected and may be linked to your personal information.

11. USE OF YOUR PERSONAL INFORMATION

Sundar collects and uses your personal information to operate and improve our Platforms, to process your transactions, to provide customer service, to perform research and analysis aimed at improving our products, services and technologies, and to display content that is customized to your interests and preferences. We also use your personal information to communicate with you. We may send transaction-related communications such as welcome letters, billing reminders, and request emails and receipt confirmations. We may also send you surveys or marketing communications to inform you of new products or services or other information that may be of interest. If you do not wish to receive marketing communications, you may contact us at the "Contact Information below. Please keep in mind that, if you choose not to receive marketing communications, you will continue to receive transactional or account communications (e.g., confirmation receipt emails or email requests). Personal information collected by Sundar may be stored and processed in the United States or any other country in which Sundar or its affiliates, subsidiaries, contractors or agents maintain facilities, and by using our Platforms or services, you consent to any such transfer of information outside of your country.

12. SHARING OF YOUR PERSONAL INFORMATION

Except as disclosed in this privacy policy, Sundar does not share your personal information with any outside parties. We may share your personal information within our company for the purposes disclosed herein. We may share your personal information with service providers who perform services on our behalf. For example, we may hire other companies or freelance persons in a "work for hire capacity to handle the processing of product uploads, to provide data storage, to host websites, to assist in direct marketing, to conduct audits, manage inventory and products, process analytics, etc. Those companies will be permitted to obtain only the personal information they need to provide the service. They are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose. Information about our customers, including personal information, may be disclosed as part of any merger, acquisition, or sale of the company and/or its assets, as well as in the unlikely event of insolvency, bankruptcy, or receivership, in which personal information would be transferred as one of the business assets of the company. We will notify you of such an occurrence as described in the "Changes to This Privacy Policy section below. We reserve the right to disclose your personal information if required to do so by law, or in the good-faith belief that such action is reasonably necessary to comply with legal process, respond to claims, or protect the rights, property or safety of our company, employees, customers, or members.

13. ACCESSING YOUR PERSONAL INFORMATION

If you would like to review or revise information that you previously provided to us, you may contact us at "Contact Information" below or by accessing the "Contact Us" page on our Platform.

14. PROFESSIONAL SERVICES

In the event that Sundar provides any Professional Services to you at no cost during the initial launch period such as photography and graphic design and you choose to not participate in the Platform or cancel your participation on the Platform within one year, you may be charged the actual cost of the professional services plus an administrative fee of 15% of that cost.

15. PERSONAL INFORMATION PREFERENCES

Sundar acknowledges that you might wish to make choices about the use and disclosure of your personal information. If at any time you decide that you do not want to receive marketing communications from us, please let us know by contacting us at "Contact Information below. If you choose not to receive marketing communications, please be advised that you will continue to receive transactional or account communications (e.g., confirmation emails, request email, service notifications).

16. USE OF COOKIES AND OTHER TECHNOLOGIES

Sundar uses "cookies to enable you to sign in to our services and to help personalize your online experience. A cookie is a small text file that is placed on your hard drive. Cookies contain information, including personal information, that can later be read by a web server in the domain that issued the cookie to you. The information that cookies collect includes the date and time of your visit, your registration information, and your navigational and purchase history. Cookies save you time by eliminating the need to repeatedly enter the same information. In some cases, our third-party service providers may use cookies on our Platforms. We have no access to or control over these cookies. This privacy statement covers the use of cookies by Sundar only, and does not cover the use of cookies by third parties. You have the ability to accept or decline cookies. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, you may not be able to sign in or use other interactive features of our Platforms and services that depend on cookies. In addition to cookies, we may use other technologies, including single-pixel gifs (also known as web beacons) on our Platforms and in promotional e-mail messages or newsletters. These tiny electronic images assist us in determining how many users have visited certain pages or opened messages or newsletters. We do not use these images to collect personal information.

17. SECURITY OF YOUR PERSONAL INFORMATION

The security of your personal information is important to us. We follow generally accepted industry standards to help protect your personal information. No method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security. A password is used to protect your account and personal information; it is your responsibility to keep your password confidential.

18. LINKS

We may link to websites, including those of our third-party content providers, that have different privacy policies and practices from those disclosed here. We assume no responsibility for the policies or practices of such linked sites, and encourage you to become acquainted with them prior to use.

19. CHANGES TO THIS PRIVACY POLICY

We reserve the right to change the terms of this privacy policy at any time. When we make changes, we will revise the "last updated date at the top of the policy. If there are material changes to this statement or in how Sundar will use your personal information, we will notify you by prominently posting a notice of such changes here or on our home page, or by sending you an email. We encourage you to review this policy whenever you visit our Platform.

20. CONTACT INFORMATION

You can contact Sundar by emailing hello@Sundar.com.

21. USE OF SUBSCRIBER INFORMATION AS RELATED TO PUBLIC RELATIONS

Sundar reserves the right to disclose Subscriber Members name(s) and/or demographic information for public relations and advertising purposes, unless the Subscriber notifies in writing that such use is prohibited. Sundar will not disclose personal information, such as the name of a person working at the Subscriber Member company, without the prior consent of the company or organization involved.")

22. USE OF PERSONAL INFORMATION AS RELATED TO SUNDAR'S BRANDS, RETAILERS AND DESIGNERS

Sundar reserves the right to disclose Subscriber Members name(s) and/or demographic information to its various brands, vendors, retailers and designers. Sundar will not disclose personal information, such as the name of a person working at the Subscriber Member company, without the prior consent of the company or organization involved.")

End of Terms