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NameGreets Terms of use

February 2023
This website is operated by NameGreets, registered in the Indian Ministry of Commerce & Industry - Appl. No. 5566236, Class 42 and registered office at “Al Khair”, Sukhnath Chowk, Nr Rathkhana Masjid, Junagadh (Gujarat) India.
These terms of use ("Terms") govern the access, browsing and use by the users ("User" or "Users", as applicable) of https://www.namegreets.com/, including any of its subdomains and/or sections ("Website"); as well as the services rendered through the Website ("Service" or "Services", as applicable) which include the download and use of certain content.
Accessing and using the Website implies that the User has read and accepts to be bound by these Terms without exception. In case the User does not accept the Terms or have any objection to any part of the present Terms, the User must not use the Website.
The Company may modify the Terms at any time and thus we recommend that the Terms are reviewed on a regular basis by the User. The date at the beginning of these Terms refers to the latest update of these Terms, which will be applicable from the date of publication.
Some Services provided through the Website may be subject to specific conditions or instructions that must be accepted by the User prior to the provision of the relevant Service. These specific conditions may be imposed by the Company or by third parties. Such specific conditions shall apply in addition to the Terms and, in case of conflict, shall supersede the Terms. Accordingly, the User must read and accept such specific conditions before the provision of the relevant Service.
Likewise, in respect of collection and processing of personal data, the Privacy Policy will apply.

Service Offered

Through the Website, it is offered to the User visual content, like festival greeting images and festival greeting videos with user’s business logo and all details entered by Website user.
The Services may offer contents owned by the Company ("NameGreets Own Content"), contents owned by third parties offered through the Website ("Collaborators Content") as well as third-party content not offered free of charge ("Sponsored Content"). Sponsored Content is duly differentiated and identified on the search results. NameGreets Own Content and Collaborators Content shall be hereinafter referred to collectively as the "NameGreets Content" and can be downloaded through the Website.

Authorized Use

The User is only authorized to use the Website and the Services in accordance with the Terms and in good faith. In particular and without limitation, Users (irrespective of whether they have purchased credits or not) undertake that any access or downloads of any content available in the Website or through the Services will always be the result of a genuine legitimate interest of the User and acknowledges that any method which artificially increases the number of downloads, accesses or clicks over such content is strictly prohibited under these Terms (including, without limitation, the generation of downloads, accesses or clicks over such content through any robots, spiders or any other mechanism, mobile application, program or tool) and will result in the cancellation of the User's account by the Company and the obligation for the User to indemnify the Company for all damages suffered as a result of the User's breach of this undertaking, without the right of reimbursement of any of the amounts paid.
The User agrees not to use the Services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the User agrees not to partake in any conduct or action that could damage the image, interests or rights of the Website or third parties.
The User will not interfere with the functioning of the Website or in the Services, in particular, he/she/it will not impersonate another user or person. The User agrees not to carry out any action that may damage, make unavailable, overload, deteriorate or impede the normal use of the Website or the Services, which may impact the security of the Website or the Services, or which may in any way interfere with the Services offered by the Company. The use of robots, spiders or any other mechanism, mobile application, program or tool to access, copy or control any part of the Website or the Services in any way which is contrary to the ordinary use of the Website or which infringes the Company's interests (without its express prior authorization) is strictly prohibited. Likewise, obtaining or attempting to obtain the contents of the Website using any method or system not expressly authorized by the Company or which is not the ordinary method of accessing the Website is also strictly prohibited.
The User shall be responsible for any costs required for the Services’ use and for ensuring, prior to using the Services, that the Services’ features meet the User’s needs and that he/she/it meets all requirements and has all the equipment and software necessary for this purpose.
The rights granted to the User under these Terms are personal and shall not be assigned to any third party (including affiliates or entities part of the same group of companies) totally or partially, by any mean, without the prior, express and written consent from the Company.
When providing the Services, the Website can publish advertising either related or not to the contents displayed or the Services, which is expressly accepted by the User.

Registration

In order to use certain Services, the User must register, creating a username and password and activating an account. To this end, the User must provide a valid mobile number where the User will receive notifications related to the Services. If the User is a legal entity or business, its username must be its full name or corporate name and the person registering on behalf of the legal entity or business declares that he/she is duly authorized to bind such legal entity or business and that such legal entity or business shall be bound to these Terms.
The User agrees to provide the mandatory information required for registration and also acknowledges that such information is true, complete and up to date. The User is solely responsible for keeping such information updated. Should the User provide false, outdated or incomplete information, or should the Company have reasons to suspect it, the Company reserves the right to suspend or cancel the User’s account.
The User must protect and keep the account password confidential and must not disclose it to third parties. The User must neither allow other Users to access the Services through the User’s account nor use the account of another User to access the Services.
The User is responsible for all operations carried out through the User’s account through any device. If the User suspects that another User is using his account, he/she/it should immediately inform the Company.
The Company may suspend or cancel the User’s account if it considers that the User has breached these Terms.

Content

The Services allow Users to search for content that may result in NameGreets Content and Sponsored Content, according to his or her preferences, and download such NameGreets Content.
If you have any question regarding any content or believe that it infringes any right, that it does not comply with these Terms, or that is inappropriate, you can do so by contacting the Company as indicated in these Terms or following the instructions provided on the Website for a copyright complaint.

Liability

The User acknowledges and agrees that he/she/it uses the Website and its Services at the User’s own risk and under the User’s responsibility and, therefore, the Company does not accept any responsibility for misuse or use in breach of these Terms.
The User will be responsible for any damages to the Company resulting from the User’s use of the Website and the Services in breach of the Terms and accepts to indemnify the Company and its directors, employees, agents and representatives from any liability in which they may incur as a result of the User’s breach of these Terms.
The Company does not warrant the availability or continuity of the Website or the Services, neither its reliability, quality, completeness, accuracy or whether they are fit for a specific purpose or activity.
As way of example and without limitation, the Company shall not be liable for any damages that may result from:
  • Interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, failure of the telecommunication networks or the User’s equipment which are not the Company’s responsibility.
  • Delays or unavailability of the Website and the Services due to deficiencies or traffic overload on the Internet, in the communication network or the electricity grid.
  • Third-party actions.
  • Unavailability of the Website and the Services due to maintenance or software updates.
  • Any other event beyond the Company’s direct control.
SAVE FOR THE COMPANY’S WILFUL MISCONDUCT, AND THOSE CASES IN WHICH DUE TO THE SPECIFIC CIRCUMSTANCES OF THE USER INVOLVED OR THE NATURE OF THE MATTER, APPLICABLE LAW PROVIDES THAT LIABILITY CANNOT BE LIMITED BY AGREEMENT, USE OF THE WEBSITE AND THE SERVICES IS AT SOLE RISK OF THE USER AND THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE OF ANY KIND CAUSED TO THE USER AS A RESULT OF USING THE WEBSITE AND/OR THE SERVICES.
The Company will make reasonable commercial efforts in order to ensure the accuracy of keywords and descriptions, as well as the identification of content as exclusively for editorial use or equivalent. However, THE COMPANY NEITHER WARRANTS NOR MAKES ANY REPRESENTATION REGARDING ANY KEYWORD, TITLE OR DESCRIPTION; OR THE IDENTIFICATION OR LACK OF IDENTIFICATION OF ANY CONTENT AS EXCLUSIVELY FOR EDITORIAL USE. For this reason and notwithstanding any other liability limitation that may be applicable in accordance with these Terms, the Company shall neither indemnify nor assume any liability in connection with any claim resulting from inaccurate keywords, titles or descriptions, or from the use of the visual content identified as exclusively for editorial use.

Intellectual Property

All intellectual property rights over the Website, the Services, and/or the NameGreets Content, its design, and source code, and all content included in any of them (including without limitation text, images, animations, databases, graphics, logos, trademarks, icons, buttons, pictures, videos, sound recordings, etc.) belong or are licensed to the Company.
Except as expressly authorized under these Terms, the reproduction or distribution, as well as transformation, producing any derivative works of any kind, public communication, making available, extraction, reuse or any other use of the Website, the Services, the NameGreets Content or any of its parts, is strictly forbidden.
If you believe that any content infringes third party rights or does not comply with these Terms, you can report it to the Company as set forth in these Terms.

License Agreement for NameGreets Content

The Company authorizes the User to download and use the NameGreets Content under the terms mentioned. The Company and its licensors reserve all rights over the NameGreets Content not expressly granted in this license to the User.
Subject to the fulfillment of these Terms, the Company authorizes the User in a non-transferable, revocable, limited, non-exclusive manner and on a worldwide basis for the duration of the relevant rights; to download, use and modify the NameGreets Content, in a device the User owns or controls and only for the purposes and uses allowed in these Terms.
The User may use the NameGreets Content (including any derivative work), either using the NameGreets Contents in its entirety or using only some or some of its elements, either using the NameGreets Contents without modification, combining them with other contents or having previously modified them, being the license granted with respect to the NameGreets content, provided that it Does not involve collective use;
The NameGreets Content is not used in a manner that suggests an association or endorsement of any kind by the Company or the Website;
The NameGreets Content or any derivative work is not used or included (in whole or in part) in a database, archive or in any other media/stock product, collection, set of clips, or library, for distribution or resale or used in any other way that could prevent or limit future visits or downloads from the Website;
Does not resell, assign, transfer or sublicense the NameGreets Content or any derived work from the NameGreets Content;
Does not use the NameGreets Content (including any caption information, title, keywords or other metadata associated with the NameGreets Content) for any machine learning and/or artificial intelligence purposes, or for any technologies designed or intended for the identification of natural persons.
Does not make any use of the NameGreets Content which might be considered defamatory, libellous, obscene, immoral or illegal, including, without limitation, using it in a way that places any person appearing in the NameGreets Content in a negative light or depicts them in a way that they may find offensive such as the use in pornography, advertisements for escort or similar services, political endorsements, birth control products, and;
Does not make any use of the NameGreets Content to slander, libel or to vilify a person, race, sex, culture, sexual orientation, religion, country, region, town, village or any other place, or any other human group.
When any NameGreets Content is marked or identified as for editorial use, or when within the same there are logos, recognizable products, public buildings, public events or images taken in places where recognizable persons appear in the background, the User shall only be entitled to use it for such editorial use. In such cases, the User undertakes not to use that content in any manner that entails any connection with any business activity, the use in economic traffic or advertising, marketing or commercialization of any product or service. The User shall be directly liable and the Company shall not assume any liability as a result of the use for commercial purposes by the User of any content belonging to the NameGreets Content, which according to this paragraph should be for editorial use only.
The authorization to use the NameGreets Content shall be free provided that any use of the content in the NameGreets Content by the User is credited to the Company/Website as stated by the Company from time to time. In order to benefit from the Service or to use the NameGreets Content without acknowledging the Company/Website, the User must purchase credits in the Website and download the NameGreets Content during the term of any such Pricing plan.
The User does not acquire any right as a result of the use of the content in the NameGreets Content. In particular, the User is not authorized to distribute, resell or rent any content in the NameGreets Content (or any modification of any content in the NameGreets Content).
The User’s rights under this Section will end automatically without any notice if the User breaches any of the Terms. In case of termination of the rights hereunder, the User shall cease using content in the NameGreets Content and will destroy every copy, whether total or partial, thereof.

Fonts License Agreement

The Company authorizes the User to use the licensed Google fonts available on the Website ("Licensed Fonts") only in accordance with this condition. All rights in the Licensed Fonts not expressly granted to the User under this condition are reserved by the Company or its licensors.
The User may use the Licensed Fonts to add business information on designs available on website without any hassle as all fonts available on Website are licensed Google fonts.
Google Fonts is a service provided by Google that offers a collection of free and open-source fonts for use on websites and other digital projects. The fonts in the Google Fonts library are available under the SIL Open Font License, which is a free, libre and open source license specifically designed for fonts.
Under the SIL Open Font License, you are free to use the fonts in any way that you see fit, subject to some basic conditions:
  • You may use the fonts to create images on any surface such as computer screens, paper, web pages, photographs, movie credits, printed material, T-shirts, and other surfaces where the image is a fixed size.
  • You may use the fonts to create EPS files or other scalable drawings provided that the font is embedded in the artwork.
  • You may use the fonts to create typographic logos provided that the typography is the primary element of the logo and the logo is a fixed size.
  • You may use the fonts to create commercial products such as books, magazines, newspapers, packaging, or promotional material.
  • You may use the font in web pages as long as the web pages are served from a secure server (HTTPS).
There are also some restrictions on the use of the fonts under the SIL Open Font License:
  • You may not use the font in a manner that is considered to be commercial exploitation of the font.
  • You may not alter, modify, enhance or redistribute the font without the express written consent of the copyright holder.
  • You may not use the font in a manner that is considered to be defamatory or offensive.
It is important to note that the Google Fonts service itself is also subject to certain terms and conditions, which you should review before using the service.
In summary, the Google Fonts license agreement allows you to use the fonts for a wide range of purposes, provided you comply with the basic conditions and restrictions specified in the SIL Open Font License.

Conditions for Buying Credits to Download Content

The terms in this Section govern any purchase of the credits in the Website. When concluding the purchase procedure for any credit, it shall be deemed that the User has read and accepted, without exception, the Credit Purchase Terms. For the avoidance of doubt, the Credit Purchase Terms are additional to the Terms which will continue to apply to Users who have acquired credits unless it is expressly provided otherwise in relation to specific provisions in the Credit Purchase Terms.
These Credit Purchase Terms are available to the User before the purchase of the Credit Purchase and may be stored or reproduced on a durable medium.
The Credit Purchase Terms are available in English. In case the User is interested in purchasing any Credits, it has to follow the instructions available in the Website from time to time.
The Credit Purchase available are offered in the Website where the pertinent information, price and conditions are included (including, without limitation, restrictions to the number of downloads based purchased credits. The Company can modify the credits offered at any time, offering with new Services (to which, unless otherwise stated, these Credit Purchase shall apply) or ceasing to offer any of the Services. The Credit Purchase are personal, shall not be assigned to third parties and no third parties other than the User shall be allowed to use the NameGreets Content (including as third parties, for these purposes, affiliates or entities part of the same group of companies).
The User shall pay the Credit Purchase in advance through credit/debit card, UPI, netbanking or any other valid payment method offered by the Company, as stated in the Website. To purchase and pay the Credits, the User shall follow the instructions stated in the Website. The processing of the payment information and data through credit/debit card, UPI, netbanking or any other valid payment method offered by the Company is made within third-party sites. When buying any credits, the User authorizes the Company to collect the corresponding price through the chosen payment method. The credits shall not be activated until the Company has received the payment or the payment has been authorized by the relevant financing entity. After that, the Credits shall be in force for the term purchased by the User.
Unless otherwise stated in these Credit Purchase Terms, the Credit Purchase shall be automatically and successively renewed at the expiration of its term, unless the User cancels the renewal of the Credit Purchase before its expiration. The Company shall charge the corresponding price by the same initial payment method. The Company may modify the price for the renewal of the Credit Purchase, provided that the User is informed with, at least, one-month prior notice, via email sent to the email address used for the registration process.
Once the User purchases the Credits, the screen shall confirm the purchase. In addition, within the shortest time reasonably possible and not after twenty-four (24) hours since the acceptance of the order, an email shall be sent to the User with the receipt of the purchase. The receipt may be stored and printed. The User may request and download an invoice as stated within the Website twenty-four (24) hours after making the relevant payment.
After the purchase of the Premium Subscription, the User may benefit from the following:
  • The Service consisting in using the content in the NameGreets Content without crediting the Company/Website.
  • Access all contents available in the Website as per credit plan purchased (Read description / features listed on each plan before purchasing).

Changes and Closure of the Website

The Company may, at any moment, and without incurring in any responsibility towards the User, modify the content of the Website or the Services, limit or modify the conditions or cease to provide some or all the Services and features available or deactivate and delete all or some of the User accounts and their corresponding information. However, the Company will comply with its obligations regarding the keeping of records in relation to certain transactions for the relevant period as provided by applicable law or refund the Users of Subscriptions in force at that time with the proportional part of the price not accrued before the termination.

General and Contact Information

The use of the Website and the Services and the interpretation and application of these Terms shall be governed by Indian Law.
If any provision in these Terms is declared to be invalid or unenforceable, it shall be substituted or deemed as not included. The remaining provisions in these Terms shall not be affected in any way.
You may contact the Company for any query or claim in https://www.namegreets.com/support
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