Terms & Conditions
Revised June 7, 2016
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":
Transmit, install, upload or otherwise transfer any virus, bot, worm, or any other computer code, file or program, advertisement, communication, or other item or process to the Platform that in any way affects the use, enjoyment or service of the Platform, or otherwise interrupts, destroys or limits the functionality of Sundar's computers, servers or databases.
Share logins and or permit multiple users to use one login.
Capture, download, save, upload, print or otherwise retain information and content available on the Platform other than what is expressly allowed by these Terms.
Permit or provide others Access to the Content using your user name and password or otherwise, or the name and password of another authorized User.
Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Platform.
Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Platform.
Transfer the Platform content to another person; "frame," "mirror," "in-line link," or employ similar navigational technology to the Platform content; or "deep link" to the Platform content.
Circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Platform.
Interfering with, disrupting, or creating an undue burden on the Platform or the networks or services connected to the Platform. Engage in any other conduct which violates the Copyright Act or other Federal or state laws (including U.S. foreign or international software or technology export control laws).
Use any device (such as a "web crawler" or other automatic retrieval mechanism) or other means to harvest information about other Users, the Platform or Sundar.
Use the Platform to violate a third party's intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party's intellectual property rights. This includes sharing of images with third party vendors and counter sourcing vendor materials accessed on the Platform.
Misrepresent your identity or personal information when accessing the Platform; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by Sundar.
Post obscene, harassing, defamatory, violent, pornographic, abusive, threatening, objectionable or illegal material on the Platform; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil or criminal liability.
Conduct all commerce with other than the highest standards of ethics and integrity, such standards including but not limited to payment for goods and services and delivery of goods and services in the manner in which it was contracted.
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.
Although Sundar makes every effort to help ensure the accuracy and reliability of the Service, the Subscriber acknowledges that Sundar, its affiliates, and its and their shareholders, members, directors, employees, agents, contractors, subcontractors, and Contributors will not be held liable for any loss, cost or damage, (including the loss of Subscriber data) suffered or incurred by the Subscriber or any third party arising out of any faults, interruptions or delays in the Service or out of any inaccuracies, errors or omissions in the information contained in the Service as supplied to or contributed by the Subscriber, however such faults, interruptions, delays, inaccuracies, errors or omissions arise unless due to Sundar willful misconduct.
While Sundar makes reasonable efforts to vet our platform members, we can not warranty or guaranty that the procedures we perform are sufficient in either scope or nature to ensure that our platform members are compliant in any or all respects as to the items were are vetting. Our rating systems are designed to assist you in your process but are not intended to be used as definitive guidance by you. We specifically require that you agree not rely upon any vetting information provided by Sundar. Users are required to perform your own due diligence procedures on any potential business partners identified on this platform. Sundar will not be responsible for any losses or damages resulting from any inadequacies or shortfalls in our vetting process or your failure to perform all necessary diligence procedures.
Subscriber agrees to indemnify and hold harmless Sundar and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including court costs and attorneys' fees, resulting from any violation by you of these Terms and Conditions, your use of the Platform, or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification. In such event, you shall provide us with such cooperation as is reasonably requested by us.
OUR PLATFORM IS AVAILABLE "AS IS." WE DO NOT WARRANT THAT OUR PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, MEET YOUR REQUIREMENTS, VIRUS-FREE OR COMPLETELY SECURE, OR OTHERWISE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE CONTENT, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR PLATFORM. THERE ARE NO WARRANTIES, CONDITIONS, GUARANTIES OR REPRESENTATIONS AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, SATISFACTORY QUALITY, QUIET ENJOYMENT, ACCURACY, ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN THE INDUSTRY, OR OTHER WARRANTIES, CONDITIONS, GUARANTIES OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, IN LAW OR IN FACT, ORAL OR IN WRITING, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY WARRANTY, CONDITION, GUARANTY, SUNDAR VETTING OR RATING,OR REPRESENTATION MADE BY SUNDAR. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE DISCLAIMED, SUCH WARRANTY IS LIMITED IN DURATION TO THE APPLICABLE EXPRESS WARRANTY PERIOD. SUBSCRIBER'S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY SHALL BE, AT SUNDAR'S OPTION, RE-PERFORMANCE OF THE SERVICES; OR TERMINATION OF THIS AGREEMENT.
All liability of Sundar, its affiliates, its and their shareholders, members, officers, directors, employees, agents, contractors and subcontractors collectively for claims arising under this Agreement or otherwise howsoever arising shall be limited to $1.00 (One Dollar US). This limitation of liability is cumulative and not per-incident (i.e., the existence of two or more claims will not enlarge this limit). Sundar will be under no liability for any loss, cost or damage resulting from any failure by Sundar to perform any obligation hereunder or from any delay in the performance thereof due to causes beyond Sundar's reasonable control, including, without limitation, industrial disputes of whatever nature, acts of God, public enemy, acts of government, failure of telecommunications, fire or other casualty. Under no circumstances will Sundar be liable for any indirect, incidental, special or consequential damages with respect to provision of the Service or this Agreement to the Subscriber, including, without limitation, lost revenue, lost profits, damages or liability based on the other party's revenue, or lost or damaged data, or damages or liability based on the amount or duration of use of a product and/or service, arising from any type of claim whatsoever, whether arising in contract, tort (including negligence), or otherwise, even if Subscriber has been informed of the possibility thereof.
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.
This Agreement represents the entire agreement of the parties regarding the subject matter hereof. There are no other oral or written collateral representations, agreements, or understandings regarding the subject matter hereof.
In the event of any conflict between the terms contained herein and any other materials provided by Sundar, (including but not limited to marketing materials), the terms contained herein shall prevail.
This agreement shall be construed according to the laws of the State of New York, as if performed wholly within the state and without giving effect to the principles of conflicts of laws. In the event a dispute arises between the parties, either arising from this Agreement or otherwise pertaining to the relationship between the parties, the parties will submit to binding arbitration before a single arbitrator of the American Arbitration Association (Commercial Arbitration and Mediation Center for the Americas Mediation and Arbitration Rules, or any successor rules). Such arbitration proceeding shall be held in the State of New York. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Costs of the arbitration for both parties (including attorney's fees) shall be the responsibility of the losing party to the dispute. Each party consents to the exclusive jurisdiction and venue of the State and Federal courts located in the State of NewYork for any equitable claim or other action related to or arising from these Terms. Each party shall bear his/her/its own expenses and attorneys' fees related to any arbitration, claim or action.
This Agreement will be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns. Subscriber will not assign this Agreement by operation of law or otherwise without the prior written consent of Sundar. Any attempted assignment in violation of this Section is void.
In the event that one or more terms of this Agreement becomes or is declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, each such term shall be null and void and shall be deemed deleted from this Agreement. All remaining terms of this Agreement shall remain in full force and effect.
In any suit or proceeding relating to this Agreement the prevailing party will have the right to recover from the other its costs and reasonable fees and expenses of attorneys, accountants, and other professionals incurred in connection with the suit or proceeding, including costs, fees and expenses upon appeal, separately from and in addition to any other amount included in such judgment. This provision is intended to be severable from the other provisions of this Agreement, and shall survive expiration or termination and shall not be merged into any such judgment.
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
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).
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.
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.
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