1. Disclaimer Terms of Use
These Terms of Use (“Terms”) are intended to detail our obligations to your regarding our site, as well as inform you of the rules and regulations of Quark Media Tech Private Limited (referred to as “Quark Media Tech”) having its registered office at 11th Floor, Wing E, Helios Business Park Outer Ring Road, Kadubeesanahalli, Bengaluru Karnataka 560103 IN. By using this website www.quarkmediatech.in ,you agree to these Terms. As such, We strongly encourage our visitors to read through this content regularly to stay informed of this disclaimer and any changes to our Terms. In the following Terms, “We, Us, and Website” are used to refer to Quark Media Tech and “You” and “Your” refers to any individual, company or legal entity that accesses or otherwise uses this Website.
2. Use of the Website.
The information contained on this Website is intended for general information purposes only. We have made all reasonable efforts to ensure that the information on this Website is accurate at the time of inclusion, however, there may be inaccuracies and occasional errors for which Quark Media Tech apologizes.
3. Modification of the Terms
These Terms may be amended by Quark Media Tech, in its sole discretion, at any time without notice to You. Such amended Terms shall be effective upon posting. By continuing to access or use this Website, You will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions. We reserve the right to discontinue or make changes or updates with respect to the Website or the content of the Website at any time without notice.
4. Privacy
Personal information provided through this website shall be used in accordance with Quark Media Tech’s Privacy Policy and these Terms are subject to the Privacy Policy as posted on this Website.
5. Copyrights and Trademarks
You acknowledge that all content on this website, including, without limitation, the Website’s design, graphics, text, formatting, sounds, pictures, images, user interfaces, page headers, custom graphics, button icons, scripts, software, trademarks, service marks, trade names, trade dress, logos and other materials and information on this Website, and the selection and arrangement thereof (collectively, the “Content”) , is owned, licensed by or to Quark Media Tech, and is protected by applicable laws and international copyright, trademark and various other intellectual property laws and rights. Except as expressly authorized in these Terms, You may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Content in any form or by any means, without the prior written authorization of Quark Media Tech. Quark Media Tech authorizes you to view and download the Content, provided that
(i) you use the Content only for your own personal, non-commercial use.
(ii) you keep intact all copyright and other proprietary notices contained therein.
(iii) you do not modify or adapt the Content in any way. All rights to the Content not expressly granted in these Terms are expressly reserved to Quark Media Tech.
6. Disclaimer of Warranties
Quark Media Tech strives to provide accurate and up-to-date material on this Website. However, we make no warranties or representations as to the accuracy or timeliness of the Content on this Website.
THE WEBSITE AND THE CONTENT CONTAINED ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Quark Media Tech EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Quark Media Tech MAKES NO WARRANTY THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (IV) THE WEBSITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS WEBSITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM COMPUTER VIRUSES.
7. Intellectual Property
Copyright in the design and architecture of the Website is provided by Quark Media Tech. Quark Media Tech owns the copyright in the Content published on the Website except where otherwise indicated by a third party's proprietary notice. Images, trademarks and brands are also protected by other intellectual property laws and may not be reproduced or appropriated in any manner without the written permission of their respective owners. Unless specifically prohibited by a notice published on any page, You may make a print copy of such parts of the Website as you may reasonably require for Your own personal use provided that any copy has attached to it any relevant proprietary notices and/or disclaimers. All other use is prohibited. We are not responsible for websites we link to. We are not responsible for the content of any other website from which you have accessed the Website or to which you may hyperlink from the website and cannot be held liable for any loss or damage you incur as a result thereof.
8. Indemnification and Release
You agree to indemnify, defend and hold harmless Quark Media Tech and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting or arising from or relating to your use of or conduct on the Website, any activity related to use of the Website by you, any message or material that you submit to, post on or transmit through the Website, your violation of these Terms, your infringement or violation of any rights of another, or termination of your access to the Website.If you have a dispute with one or more users, you release Quark Media Tech and its affiliates from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
9. Governing Law and Dispute Resolution
The Agreement shall be governed by the laws for the time being in force in the territory of India and the Courts in Bangalore alone shall have exclusive jurisdiction on the matters concerning this Agreement.All disputes arising under or in relation to this Agreement may be referred to arbitration before a sole arbitrator. If the Parties fail to agree on the appointment of a sole arbitrator within the time stipulated under the Indian Arbitration and Conciliation Act, 1996 (the “Act”) the Parties shall approach the competent Court under the Act for appointment of the sole arbitrator. The Arbitration proceedings shall be carried out in accordance with the Act and the Rule framed thereunder and the place/seat of Arbitration shall be Bangalore. The arbitration proceedings shall be conducted in English.
10. No Unlawful and Prohibited Activity
You shall not use this website for any illegal purposes and in particular agree that you shall not send any material which is defamatory or obscene as per applicable laws or which is abusive, indecent or in breach of the privacy of any person. You agree not to send any unsolicited promotional or advertising material, spam or similar materials or any volume messages that may interfere with the operation of this Website or with the enjoyment of this Website by other visitors.
11. Severability
If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the validity and enforceability of any remaining provisions shall not be affected.
12. No Waiver
The failure of Quark Media Tech and its affiliates to enforce any part of these Terms shall not constitute a waiver of such term or provision and shall not be considered a waiver or limit Quark Media Tech’s right thereafter to insist upon strict adherence to that term or any other provision of these Terms.
13. Grievance Mechanism
For a complaint or any other issue faced by a user may be submitted through email at the below address. The complaint should provide: (i) username of the relevant account holder from our platform (ii) specific content/video number or url or link that is of concern and (iii) reason(s) for such a takedown request
In accordance with Information Technology Act 2000 and rules made there under, the contact details of the Grievance Mechanism is as under :
Mr. Nagaraj
Email: grievance.@quarkmediatech.in
Any and all complaints launched by you, either via complaint form, email or post, are investigated and dealt with in accordance with these Guidelines. Any legal notice or any other legal action initiated against Quark Media Tech or against any content displayed/broadcast on the Platform is not subject to any terms of these Guidelines.