Terms & Conditions
The terms and conditions stated herein (collectively, the “Agreement”) constitute an agreement between you and Yavanica (“Us”, “We” or “Our”). Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.yavanica.com website (the “Website”)
Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Website.
By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Website.
- Content Rights & Responsibilities
“You own the rights to the content that you create and post on Yavanica”
You are responsible for any content that you post on Yavanica. This means you assume all risks related to it, including someone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights. We take no responsibility and assume no liability for any content posted by you.
By posting your content on Yavanica, you give us a non-exclusive license to publish your content on Yavanica, including anything reasonably related to publishing it (like storing, displaying, reformatting, and distributing it). Considering Yavanica gives access to and use of the Website, you agree that Yavanica may enable advertising on the Website, including in connection with the display of your content or other information. We may also use your content to promote Yavanica, including its products and content. We will never sell your content to third parties without your explicit permission.
You’re welcome to post content on Yavanica that you’ve published elsewhere, as long as you have the rights you need to do so. By posting content to Yavanica, you represent that doing so doesn’t conflict with any other agreement you’ve made.
By posting content you didn’t create to Yavanica, you are representing that you have the right to do so. For example, you are posting a work that’s in the public domain, used under license (including a free license, such as Creative Commons), or a fair use.
We can remove any content you post for any reason.
You can delete any of your posts, or your account, anytime. Processing the deletion may take a little time, but we’ll do it as quickly as possible. We may keep backup copies of your deleted post or account on our servers for up to 14 days after you delete it.
“You cannot directly or indirectly download, copy, print, modify, alter, change, amend, vary, transform, revise, translate, publish, distribute, remix, make derivative works of any content posted on Yavanica without explicit written permission from the respective author unless the content is published under public domain or under licenses which allow you such rights(such as Creative Commons)”
- Intellectual Property Ownership
Yavanica (and its licensors, where applicable) shall own all right, look and feel, title and interest, including all related intellectual property rights, in and to the Website and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website (collectively “Feedback”). We do not require you to provide any Feedback but when you provide Feedback, you agree to assign and hereby do assign Us all right, title and interest in and to such Feedback and agree that We may freely utilize such Feedback without any compensation to you.
You may not copy or adapt any portion of our code or visual design elements (including logos) without express written permission from Yavanica unless otherwise permitted by law.
- Representations and Warranties by User
The Website is not available to persons under the age of 18. By using the Website, you represent and warrant that you are at least 18 years old. When using the Website, you agree to abide by the terms and conditions of this Agreement and also comply with all applicable laws of the nation, the country, state, province and city in which you are present while using the Website. If We learn someone under 18 is using the Website we will terminate their account.
By using the Website, you agree that:
- You will only use the Website for lawful purposes. You will not use the Website for any illegal or immoral purposes, including but not limited to pornography, drug use, gambling or prostitution, or any other purpose reasonably likely to reflect negatively on Us or on the Website.
- You will not use the Website to send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights and material that could be considered as sexual or psychological harassment or of a discriminatory nature;
- You will not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iii) interfere with or disrupt the integrity or performance of the Website or the data contained therein; or (iv) attempt to gain or to permit others to gain unauthorized access to the Website or its related systems or networks.
- You will not impair the proper operation of the Website or try to harm the Website or Us in any way whatsoever.
- You are solely responsible for all content that you make available through the Website. Accordingly, you represent and warrant that: (i) you either are sole and exclusive owner of all content that you make available on the Website or you have all the necessary rights, licenses, consents and releases to grant Us the rights in such content as provided in this Terms. (ii) the content that you post, upload, publish, submit or transmit does not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Further, you do hereby acknowledge that all content may be viewed and shared on social media by all Users or others, without any compensation to you.
You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the Website.
If you believe that any content infringe any copyright that you own or control, please get in touch with Us immediately at firstname.lastname@example.org
- User Accounts
When you create an account on the Website, you must provide accurate, correct and complete information at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on the Website.
You are responsible for safeguarding the password that you use to access the Website and for any activities or actions performed under your account.
You agree not to disclose your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
- Purchases and Payment Terms
If you wish to purchase any content made available through the Website (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant Us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
Any fees that We may charge you for the use of the Website are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to the Website either planned, accidental or intentional, or any reason whatsoever.
- Third Party Interactions
We may include third party advertising and marketing on the Website, which may be targeted to the content or information on the Website, queries made through the Website, or other information. The types and extent of advertising and marketing used, supplied and displayed on or, and through the Website are subject to change without prior notifications.
By agreeing to these terms and conditions, you agree to receive such advertising and marketing. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Website.
You acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
Yavanica in it’s own capacity or in association with various Sponsors may run various contests from time to time to encourage writers to publish their work on our platform.
- Contest Eligibility:
- Unless specified all contests are open to legal residents of India who have reached their age of majority as of the date of entry. Excluded from contesting will be the officers, directors, employees, agents and representatives of the Sponsors and each of their respective parents, subsidiaries, affiliates, distributors, sales representatives, advertising and promotion agencies (collectively, the "Promotion Entities"), and members of any immediate families (defined as parents, siblings, children and spouses, regardless of where they live) or households (whether or not related) of such officers, directors, employees, agents and representatives.
- Contest Details:
- The details of every contest like how to enter, prizes and rewards, the judges panel will be announced on the contest page itself. The judges panel may not be made public in every contest. Users have to provide their correct contact details in order to qualify for the contest.
- Contest Winner(s) Selection:
- The Winner(s) of every Contest will be selected by the respective judges panel from among all eligible Entries received throughout the Promotion Period whose decisions are final. Odds of winning will vary depending on the number of eligible Entries received.
- Contest Winner(s) Notification:
- Winner(s) will be notified by email at the email address used to create the account on Yavanica.com. Winners have to respond within five business days of the first attempt by Yavanica in order to claim their prizes. Yavanica is not responsible for any delay or failure to receive notification for any reason, including inactive email account(s), technical difficulties associated therewith, or Winner’s failure to adequately monitor any email account.
Any winner notification not responded to or returned as undeliverable may result in prize forfeiture. The potential prize winner may be required to sign and return an affidavit of eligibility and release of liability, and a Publicity Release (collectively \"the Prize Claim Documents\"). No substitution or transfer of a prize is permitted.
- Contest Limitation of Liability and Releases:
- By participating in any of the Contest, entrants agree to release and hold harmless Yavanica and Sponsors, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Contest, and each of their respective officers, directors, employees, shareholders, representatives, and agents(the Released Parties) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the price (including any travel or activity related thereto), including, but not limited to (a) any incomplete or inaccurate information that is caused by Contest Website users, Sponsor Website users or by any of the equipment or programming associated with or utilized in the Contest, or by any technical or human error which may occur in the processing of submissions in the Contest; (b) lost, interrupted, or unavailable network, server, service provider, on-line systems, telephone networks or telephone lines, or any other connections; (c) the theft, destruction, loss or unauthorized access to, or alteration of, entries; (d) any problems with, or malfunctions or failures of, telephone networks or lines, computers or computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; (e) garbled transmissions or miscommunications; (f) failure of any email, any contest entry, any Instagram comment or any Instagram direct message to be received by or from the Sponsor for any reason, including but not limited to traffic congestion on the Internet or at any website or combination thereof or technical incompatibility; (g) damage to a user’s computer equipment (software or hardware) occasioned by participation in this Contest or in connection with the Contest Website or the Sponsor Website; or (h) any failure of the entry, draw or other Contest process.
- Contest Entrant Privacy:
By entering the Contest, the winner(s) authorizes Yavanica and the Sponsors if any, to use, in any media (including the Internet) in perpetuity, their name, photograph, likeness, voice, place of residence and/or statement regarding the Prize for publicity and advertising purposes, without any compensation.
- Contest Governing Law:
- All Contests are governed by the law of India and all legal proceedings shall be subject to the jurisdiction of the courts in Bangalore, Karnataka, India.
We may terminate your account, and remove and discard all or any part of your account or any of your content, at any time without prior notice or liability, under Our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
You may terminate this Agreement at any time by ceasing all use of the Website and requesting Us to cancel your account (if any) via email sent to email@example.com
You agree to defend, indemnify and hold harmless Yavanica and its licensee and licensors, and their employees, contractors, agents, officers and directors, and the founders from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
- Limitation of Liability
In no event shall Yavanica, nor its directors, employees, partners, agents, suppliers, or affiliates, nor the founders, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
The use of the Website is at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
We do not represent or warrant that (a) the use of the Website will be secure, timely, uninterrupted or error-free or available at any particular time or location, (b) the Website will meet your expectations or requirements, (c) any stored data will be accurate or reliable (d) the quality of the website or any service or products purchased or any information or material obtained through the Website meets your expectation or requirements, (e) errors or defects in the Website will be corrected, (f) the Website or the server(s) that make it available are free of viruses or other harmful components.
We do not verify the ownership or intellectual property of any content uploaded, nor how any user makes use of the content and shall have no liability thereto.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
- Internet Delays
The Website may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. We are not responsible for any delays, delivery failures, or other damages of whatsoever nature resulting from such problems.
- Governing Law
All legal proceedings shall be subject to the jurisdiction of the courts in Bangalore, Karnataka, India and shall be governed by and construed in accordance with the laws of India.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Website, and supersede and replace any prior agreements we might have between us regarding the Website.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use the Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Website.
- Contact Us
If you have any questions about these Terms, please contact us at firstname.lastname@example.org