TERMS AND CONDITIONS OF WEBSITE USE
Effective Date: Oct 2, 2018
The Website (gatudoo.com) is provided by Fortune Creations (“Gatudoo.com”, “we”, “our” or “us”). These “Terms and Conditions of Website Use” (this “User Agreement”) govern your use of the Website, regardless of how you access or use it. By “Website”, we mean the Internet domain address within which this User Agreement is posted, any other websites owned by Gatudoo.com and all features, applications, content, and downloads that are operated by us and that are available through or interact with it, and/or post links to this User Agreement.
IF YOU’RE UNDER THE AGE OF MAJORITY (which is 18 years old in most states), then your parent or guardian may be liable for some or all of your activities on the Website. Because of this, and because it’s prudent for your parent or guardian to be aware of your activities, including the websites that you visit, you should make your parent or guardian aware that you are using the Website – as this User Agreement and your use of the Website affect their legal rights and obligations.
IF YOU WANT TO USE THIS WEBSITE, then carefully read this User Agreement, as it constitutes a written agreement between you and gatudoo.com and it affects your legal rights and obligations.
Each time you access and/or use the Website (other than to simply read this User Agreement), you agree to be bound by and comply with all of the terms of this User Agreement and any Additional Terms (defined below). Therefore, do not use the Website if you do not agree to all of the terms of this User Agreement and any Additional Terms.
The business realities associated with operating the Website are such that, without the limitations that are set forth in this User Agreement (such as your grants and waivers of rights, the limitations on our liability, your indemnity of us and our arbitration of certain disputes), gatudoo.comwould not make the Website available to you.
Summary of Key Terms
It’s important that you read this entire User Agreement; but, here are some of the more significant terms that we want to bring to your attention:
Each time you use the Website, this User Agreement applies to your use. Any updates to it will apply to you; so you should check back frequently for any updates.
You may only use the Content on the Website in connection with your permitted activities on the Website – and not in an offline environment or on another website. (See Sections 1(C), 2(B), 3(A), and 3(B) below.) You may not use the Website for commercial, political, or inappropriate purposes. (See Sections 1(C), 2(B), and 3(A) below.)
By using the Website, you will not obtain any ownership, intellectual property or other interest in it or any virtual or other items that may be used in connection with it. (See Sections 1(B), 1(C), and 9 below.)
Many types of disputes that may arise in connection with your access to and use of the Website may only be resolved by arbitration which includes your waiver of a right to a jury trial. (See Section 13 below.)
gatudoo.com is providing the Website to you on an “as is” basis, without any warranty of any kind, and gatudoo.comliability to you in connection with your use of the Website is very limited. (See Sections 14 and 15 below.) Many other limitations and disclaimers are applicable to your use of the Website. (See Sections 13(D) and 16 below.)
Table of Contents
- Website Content, Ownership, Limited License, and Rights of Others.
- Content You Submit and Community Usage Rules.
- Website and Content Use Restrictions.
- Delivery and Shipping Policy
- Customer Service.
- Refund and Cancellation Policy
- Unsolicited Ideas and Materials Prohibited; No Confidential or Special Relationship With Gatudoo.com.
- Opening and Terminating Accounts.
- Disclaimer of Representations and Warranties.
1. Website Content, Ownership, Limited License, and Rights of Others.
a. Content. The Website contains a variety of: (i) materials and other items relating to gatudoo.com and its products and services, and similar items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Website, and the compilation, assembly and arrangement of the materials of the Website and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of gatudoo.com(collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
b. Ownership. The Website (including past, present, and future versions) and the Content are owned or controlled by gatudoo.com, our licensors and certain other third parties. All right, title, and interest in and to the Content available via the Website is the property of gatudoo.com or our licensors or certain other third parties, and is protected copyright, trademark, patent or other intellectual property rights and laws to the fullest extent possible. [gatudoo.com owns a copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Website
c. Limited License. Subject to your strict compliance with this User Agreement and the Additional Terms, gatudoo.com grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to (i) download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use via a standard web browser to enable display) on a personal computer, mobile phone or other wireless device or other Internet enabled device (each, an “Internet Device”) for your personal, non-commercial use only, and (ii) to use certain Content that we may from time to time make available on the Website explicitly for you for use as part of your User-Generated Content (defined in Section 2(A)(i) below) (“gatudoo.com Licensed Elements”), but only for such purposes as may be explicitly stated at the time that the Licensed Elements are made available on the gatudoo.com Website; but we and our licensors and certain other third parties, as the case may be, retain ownership of such gatudoo.com Licensed Elements. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in gatudoo.com sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content or gatudoo.com Licensed Elements, subject to certain Additional Terms.
d. Rights of Others. In using the Website, you must respect the intellectual property and other rights of gatudoo.com and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. gatudoo.com respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Website, then please see Section 5 below.
2. Content You Submit and Community Usage Rules.
a. User-Generated Content.
i. General. gatudoo.com may now or in the future offer visitors to the Website the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Website (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding gatudoo.com Licensed Elements included therein, “User-Generated Content”). gatudoo.com may do this through accepting art designs, forums, blogs, message boards, social networking environments, social communities, email, and other communications functionality. Subject to the rights and license you grant in this User Agreement, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content.
iii. License to gatudoo.com of Your User-Generated Content. Except as otherwise described in any Additional Terms (such as a contest’s official rules), which will govern the submission of your User-Generated Content, you hereby grant to gatudoo.com and our designes, and you agree to grant to gatudoo.com and our designes, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), as is reasonably necessary in order for gatudoo.com to provide its services to you, and for any purpose whatsoever in all formats, on or through any media, software, formula, or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. In order to further effect the rights and license that you grant to gatudoo.com to your User-Generated Content, you also hereby grant to gatudoo.com, and agree to grant to gatudoo.com, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. Please note that, while you retain ownership of your User-Generated Content, any template or layout in which you arrange or organize such User Generated-Content through tools and features made available through the website are not proprietary to you, and such template or layout will be our sole and exclusive property. Similarly, all derivative works created from your User-Generated Content by gatudoo.com, as is reasonably necessary in order for gatudoo.com to provide its services to you, shall be our sole and exclusive property.
iv. Social Media Interaction. When you interact with gatudoo.com accounts on social media websites (including, but not limited to, Twitter, Facebook, and/or Instagram), such interactions are subject to both the terms and conditions of the respective social media websites, as well as these Terns. From time to time gatudoo.com may integrate User-Generated Content from your interactions with gatudoo.com on third parties on this Site.
vi. Gatudoo.com Exclusive Right to Manage All User-Generated Content. gatudoo.com may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and gatudoo.com may, in its sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party. gatudoo.com reserves the right to treat User-Generated Content on the Website as content stored at the direction of users for which gatudoo.com will not exercise control except to block or remove content that comes to gatudoo.com attention and is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable to gatudoo.com, or to enforce the rights of third parties or the content restrictions set forth below in the Rules (defined in Section 2(B) below) when notice of their violation comes to gatudoo.com’s attention. Such User-Generated Content submitted by you or others need not, however, be maintained on the Website by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the Website.
b. Community Usage Rules. As a user of the Website, these Community Usage Rules (“Rules”) are here to help you understand the conduct that is expected of members of the Website’s online communities (“Communities”).
i. Nature of Rules. our participation in the Communities is subject to all the terms in this User Agreement, including these Rules:
- Your User-Generated Content. Do not use any User-Generated Content that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. For example, your User-Generated Content should not contain any visible logos, phrases, or trademarks that belong to third parties. If anyone contributes to your User-Generated Content or has any rights to your User-Generated Content, or if anyone appears in the User-Generated Content, then you must also have their permission to submit such User-Generated Content to gatudoo.com. (For example, if someone has taken a picture of you and your friend, and you submit that photo to gatudoo.com as your User-Generated Content, then you must obtain your friend’s and the photographer’s permission to do so.)
- Speaking of Photos: No Photos, Videos, or Images of Anyone Other Than You and Your Friends and Family. If you choose to submit photos to the Website, link to embedded videos, or include other images of real people, then make sure they are of you or of you and someone you know – and only if you have their permission to submit them. Additionally, if the photo, video, or image includes a minor, you must be the parent or guardian of the child, or have permission from the child’s parents or guardians, prior to submitting them.
- Act Appropriately. Be respectful of others’ opinions and comments so we can continue to build Communities for everyone to enjoy. If you think your User-Generated Content might offend someone or be embarrassing to someone, then chances are it probably will and it doesn’t belong on the Website. Cursing, harassing, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your User-Generated Content must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, or physical handicap. Your User-Generated Content must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit.
- Do Not Use for Commercial or Political Purposes. Your User-Generated Content must not advertise or promote a product or service or other commercial activity, or a politician, public servant, or law. If you submit User-Generated Content that gatudoo.com reasonably believes violates this paragraph, then we may take any legal action that we deem appropriate, in our sole discretion.
Do Not Use for Inappropriate Purposes. Your User-Generated Content must not promote any infringing, illegal, or other similarly inappropriate activity. If you submit User-Generated Content that gatudoo.com reasonably believes violates this paragraph, then we may take any legal action that we deem appropriate, in our sole discretion.
- Be Honest and Do Not Misrepresent Yourself or Your User-Generated Content. Do not impersonate any other person, user, or company, and do not submit User-Generated Content that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company.
- Others Can See. We hope that you will use the Communities to exchange information and content and have discussions with other members. However, please remember that the Communities are a public forum and User-Generated Content that you submit on the Website within a Community will be accessible and viewable by other users. Do not submit personally identifiable information (e.g., first and last name together, password, phone number, address, credit card number, medical information, e-mail address, or other personally identifiable information or contact information) on Community spaces and take care when disclosing this type of information to others.
- Don’t Share Other People’s Personal Information. Your User-Generated Content must not reveal another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless , and in the form and by the method, specifically requested by gatudoo.com.
- We reserve the right to request at any time proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User-Generated Content in question being removed from the Website.
ii. Your Interactions With Other Users; Disputes. You are solely responsible for your interaction with other users of the Website, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.
3. Website and Content Use Restrictions.
a. Website Use Restrictions. You agree that you will not: (a) use the Website for any commercial or political purpose (including for purposes of advertising, soliciting funds, collecting product prices, and selling products);
(b) use any meta tags or any other “hidden text” utilizing any gatudoo.com trademarks or trade names;
(c) engage in any activities through or in connection with the Website that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to gatudoo.com;
(d) reverse engineer, decompile, disassemble, reverse assemble, or modify any Website source or object code or any software or other products, services, or processes accessible through any portion of the Website; (e) engage in any activity that interferes with a user’s access to the Website or the proper operation of the Website, or otherwise causes harm to the Website, gatudoo.com, or other users of the Website;
(f) interfere with or circumvent any security feature of the Website or any feature that restricts or enforces limitations on use of or access to the Website, the Content, or the User-Generated Content; or
(g) otherwise violate this User Agreement or any Additional Terms.
b. Content Use Restrictions. You also agree that, in using the Content (other than your User-Generated Content that does not contain any gatudoo.com Licensed Elements): (a) you will not monitor, gather, copy, or distribute such Content (except as may be a result of standard search engine or activity or use of a standard Internet browser) on the Website by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (b) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (c) you will keep intact all trademark, copyright, and other intellectual property notices contained in such Content; (d) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (e) you will not make any modifications to such Content (other than to the extent of your permitted use of the gatudoo.com Licensed Elements, if applicable); (f) you will not modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by this User Agreement or any Additional Terms or with the prior written consent of an officer of gatudoo.com or, in the case of Content from a licensor, the owner of the Content; or (g) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
c. Availability of Website and Content. gatudoo.com may immediately suspend or terminate the availability of the Website and Content (and any elements and features of them) for any reason, in gatudoo.com sole discretion, and without advance notice or liability (except as set forth in Section 9 below or any Additional Terms).
d. Reservation of All Rights Not Granted as to Content and Website. This User Agreement and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Website. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by gatudoo.com and its licensors and other third parties. Any unauthorized use of any Content or the Website for any purpose is prohibited.
4. Delivery and Shipping Policy
Standard delivery process of the Gatudoo.com products are made within 15 days of time period which do not include any public holidays as per Indian Calendar. This rule may vary based on festival seasons. We are not liable to deliver product in any duration lesser than 15 days except client has additionally paid extra amount for faster delivery.
During open box deliveries, while accepting your order, if you received a different or a damaged product or if you found any manufacturing defect, you will be given a refund. Once you have accepted an open box delivery, no return request will be processed. In such cases, this category-specific replacement/return general conditions will be applicable.
In case of bulk order please verify delivery time and cost before placing order at gatudoo.com by contacting us at email@example.com
5. Customer Service.
If you have any questions or concerns, please contact our customer service department via firstname.lastname@example.org
6. Refund and Cancellation Policy
All the customers of Gatudoo.com are eligible for refund based on following table.
|Kind of request||Applicable refunds|
|Refund / cancellation request within 24 hours of order placement||Full 100% refund within 7 working days in selected mode of payment used while placing order|
|Refund / cancellation request from 1 to 7 days of order placement||Partial 50% refund within 7 working days in selected mode of payment used while placing order|
|Refund / cancellation request 7 or more days of order placement||No refund applicable.|
|Product Returned on same time of Delivery due to any manufacturing defect or damaged or different product.||100% refund within 7 working days in selected mode of payment used while placing order.|
|You are bound to check the product at time of delivery to make sure about any damages, manufacturing defects or different product other than you ordered and confirm at same time. No refunds will be applicable later on.|
Once you have accepted an open box delivery, no return request will be processed.
7. Unsolicited Ideas and Materials Prohibited;
No Confidential or Special Relationship With gatudoo.com.
gatudoo.com does not accept or consider any unsolicited ideas or materials for products or services, or even improvements to products or services, such as ideas, concepts, inventions, or designs for toys, games, video games, books, scripts, screenplays, motion pictures, television shows, theatrical productions, music productions, or webisodes (collectively, “Unsolicited Ideas and Materials”). Therefore, you must not send to gatudoo.com (even within any of your User-Generated Content that we may request), in any form and by any means, any Unsolicited Ideas and Materials. Any Unsolicited Ideas and Materials you post on or send to us via the Website are deemed User-Generated Content and licensed to us as set forth above.
Gatudoo.com may, in the future, without any reference to any of your Unsolicited Ideas and Materials, develop or receive from others ideas, concepts, and materials that are identical or substantially similar to your Unsolicited Ideas and Materials.
8. Opening and Terminating Accounts.
If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an email notification with a randomly generated initial password) and you agree that:
a. You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or email address for any other reason in our sole discretion.
b. You will provide accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete for as long as you use the features to which the registration relates.
c. You are solely responsible for all activities that occur under your account, password, and username, whether or not you authorize the activity (except to the extent that activities occur because someone gains access to our system without using your identifiers and password).
d. d. You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Internet Device so that others may not access any password protected portion of the Website using your name, username, or password. You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security. (See Section 4 above.) You will not sell, transfer, or assign your account or any account rights.
We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.
9. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR SOLE RISK.
THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, gatudoo.com and its employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “gatudoo.com Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
1. the Website (including the Content and the User-Generated Content);
2. the functions, features, or any other elements on, or made accessible through, the Website;
3. any products, services, or instructions offered or referenced at or linked through the Website (except for any specific warranties provided in additional terms provided by a gatudoo.com Party who is also a product manufacturer that are included with a product that you purchase from us);
4. security associated with the transmission of your User-Generated Content transmitted to gatudoo.com or via the Website;
5. whether the Website or the servers that make the Website available are free from any harmful components (including viruses, trojan horses, and other technologies that could adversely impact your Internet Device);
6. whether the information (including any instructions) on the Website is accurate, complete, correct, adequate, useful, timely, or reliable;
7. whether any defects to the Website will be repaired; and
8. whether your use of the Website is lawful in any particular jurisdiction.