TERMS AND CONDITIONS

CitiesofAdventure.com, a platform of Imaginara Legacies Private Limited (“Cities of Adventure'', “Site”, “Platform”, “us”, “we”) offers all content, information, and Services available to User (“you”, “your”, “yours”) conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. User for the purposes of this Site is anybody who visits the Site or accesses the Site to avail the services/products, features showcased on it. Please read these Terms And Conditions (T&Cs) thoroughly  before accessing or using this Site. By accessing or using any part of the Site, you agree to be bound by these T&Cs and a contractual relationship is established between you and Cities of Adventure and Imaginara Legacies Private Limited. If you do not agree to all the terms of this agreement including the terms of Privacy Policy which is part of this Agreement, then you must not access the Site or use any of its Services.

ABOUT US

CitiesofAdventure.com is a platform showcasing the publications of Imaginara Legacies Private Limited and providing travel related content, showcasing the work of various authors and creators in different formats including but not limited to written, visual, video, audio etc. It allows Users to view this content and further gives them the option of purchasing the content in the form of books etc.

1. LICENSE

Subject to your compliance of the terms mentioned herein and the restrictions set out below and elsewhere in the Terms & Conditions, Cities of Adventure grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to: (i) access and use the Site solely in connection with purpose mentioned herein; and (ii) access  content, information and related materials that may be made available through the Site or through third party sites, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Cities of Adventure.

You shall not:

  • Submit information that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person’s privacy or protected data, hateful, or racially or otherwise objectionable;
  • remove any copyright, trademark or other proprietary notices or content from any portion of the Site that belongs to us or our affiliates;
  • reproduce, modify, prepare works or derivative works based upon the content, distribute, republish, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the content herein except as expressly permitted by Cities of Adventure;
  • decompile, reverse engineer or disassemble the Services;
  • attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks;
  • edit, modify any material on the Site, Services and/or republish material relating to the Site and the content published herein;
  • perform any activity that may hinder  any operation and/or functionality of any aspect of the Site;
  • sell, rent or sub-license any content from the Site;
  • show any material from the Site for commercial purpose;
  • reproduce, duplicate, copy or otherwise exploit material relating to the Site or the content showcased herein;
  • redistribute content/works  from this Site or the advertisement(s) of the third party;
  • tamper with content, registration information, profiles, submissions or Content belonging to Cities of Adventure or other users of Cities of Adventure.

2. USER OBLIGATION

       
  1. This Platform should be used by individuals/entities who can form legally binding agreements under the applicable laws. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the T&Cs including the Privacy Policy of this Agreement. Those below 18 years of age must access the Site under the supervision of  their parents or guardians;
  2. The work/content submitted by you for the purpose of this Site should be your own and not plagiarized or you should have the authorization to use the same;
  3. The exact work/content should not have been previously published, telecast, circulated.
  4. You shall not copy, republish or make duplicate copies in any form whatsoever of the content featured on the Site without Cities of Adventure’s consent including for the purpose of publishing the content elsewhere;
  5. Once a contractual relationship is established between you and us, you agree to  abide by the terms mentioned in this Agreement; and
  6. When you submit ideas, suggestions, documents, or proposals (collectively, “Submissions”) to Cities of Adventure you represent, warrant, and agree that: (i) your Submissions do not include confidential or proprietary information; (ii) if Cities of Adventure so chooses, it may use and disclose your Submissions in any manner..(iii)Such Submissions shall not breach intellectual proprietary rights of any third party.

3. SITE ACCESS

CitiesofAdventure.com grants you the right to access and view the content showcased on the Site. However, the said permission does not include :

  • Download or modification of any content or portion of it from the Site for commercial usage;
  • Any resale or commercial use of this Site or its content;
  • Any derivative use of this Site or its content;
  • Any downloading or copying of content for own benefit or for the benefit of any other party other than personal usage;
  • Any use of data mining, robots, or similar data gathering and extraction tools;
  • This Site or any portion of this Site to be reproduced, duplicated, sold, resold, altered or otherwise exploited for commercial purposes without Cities of Adventure’s express written consent; or
  • Usage of any proprietary information (including but not limited to the content, images, text, page layout, or form) of CitiesofAdventure.com and its affiliates without its express written consent.

Any unauthorized use of the Site by you, terminates the permission granted by Cities of Adventure. You may not use Cities of Adventure’s logos or other proprietary graphic or trademark as part of the link without our express written permission.

4. PUBLICATION OF CONTENT

In case any User wishes to get his/her work featured on the Site, you may reach Cities of Adventure at rishi@citiesofadventure.com

Acceptance of the content/work to be showcased will be at the sole discretion of Cities of Adventure and we reserve the right to reject any content/work without assigning any reason. You agree that the work submitted by you is subject to alteration/rectification by us without altering the spirit and essence of such work. However, Cities of Adventure has no obligation to pay or reimburse you for your work or our use of your work unless otherwise agreed to in writing between you and us.

5. USER CONDUCT

You agree and undertake that you shall not:

  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of CitiesofAdventure.com or any other party;
  • publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, name, material or information;
  • upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
  • upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or another’s computer;
  • conduct or forward surveys, contests, pyramid schemes or chain letters;
  • download any content posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
  • falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of content;
  • violate any applicable laws or regulations;
  • violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Site contained elsewhere herein;
  • Cities of Adventure may refuse any of the Services including but not limited to featuring your work/content, at its discretion and/or if Cities of Adventure believes that User’s conduct violates applicable law or is harmful to its interests;
  • You shall not make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about the Site, other Users, its associates and partners on any property owned or operated by the Site.

6. RELATIONSHIP

No joint venture, partnership, employment or agency relationship exists between you and Cities of Adventure as a result of this Agreement and/ or use of the Services of the Site.

7. MODIFICATIONS

Cities of Adventure may revise these T&Cs and its Services from time to time. The revised Terms and Conditions shall apply to the use of the Site from the date of publication of the revised Terms and Conditions on the Site, and you hereby, waive any right you may otherwise have to be notified of, or to consent to, revisions of these Terms and Conditions. You agree to check the Site on your own for any updates.

In case of substantial change(s) to the terms of T&Cs, Cities of Adventure will display notice on the Site’s homepage or  give you notice of any such revision via mail. The revised Terms and Conditions will apply to the use of the Site from the date that such notice is given; if you do not agree to the revised Terms and Conditions, you must stop using the Site.

In case of requirement of express agreement to revised Terms and Conditions, Cities of Adventure may ask you for the same and if you do not expressly agree to the revised Terms and Conditions within such period as  specified, you must stop using the Site and availing the Services mentioned herein.

8. ASSIGNMENT

The Terms mentioned herein shall not be assigned or otherwise transferred by the User. However,  in the event of sale of the Site or otherwise, Cities of Adventure’s obligations under these terms are freely assignable or otherwise transferable by it to any third party without the requirement of seeking User’s prior consent . User will be bound by the modified terms (if any) of the Assignee unless the User chooses to terminate this Agreement.

9. MONITORINNG OF SERVICE CONTENT

Cities of Adventure is under no obligation to restrict or monitor the Service or any content in any way. Cities of Adventure does not regularly monitor the accuracy or reliability of content. However, we reserve the right to modify or remove any Content at any time. Any opinions, advice, statements, Services, offers, or other information or content expressed or made available by third parties, including other users, are those of the respective author(s) and not of Cities of Adventure. Cities of Adventure neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, content in blogs and books featuring on our Site, information, or statement made herein.

10. SEVERABILITY

If any part of the terms is held by a court of competent jurisdiction to be invalid or unenforceable or there is change in laws, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms is given effect to the fullest extent possible

11. RIGHTS GRANTED

In consideration of the terms of this Agreement and on submission of the content/work by the User, User agrees to:

  • Allow content/work submitted to be published/showcased on the Site in the manner desired by us;
  • Allow alteration/rectification in the work/content submitted;
  • Receive feedback, comments, suggestions, ideas with respect to his/her work including those from other Users.

12. TERMINATION

You acknowledge and agree that the perpetual license granted by you in relation to User Content, including feedback, is irrevocable and will therefore continue after termination of this Agreement for any reason. Cities of Adventure may terminate the Agreement or suspend your access to the CitiesofAdventure.com at any time, including in the event of your actual or suspected unauthorised use of the CitiesofAdventure.com and/or Content, or non-compliance with terms of the Agreement. In case of termination of this Agreement, you agree that Cities of Adventure shall have no liability or responsibility to you, and Cities of Adventure will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. Sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.

13. THIRD PARTY LINKS

We are not responsible for the content or availability of outside web sites or resources linked to or referenced on our Platform. We do not endorse and are not responsible or liable, directly or indirectly, for any claims that arise from your access or use of any content, Services, advertising, products, or other materials on or available from such third party platforms.

14. NOTICE TO COPYRIGHTS INFRINGEMENT

If you believe that any copyrighted work is showcased on our Platform in a way that constitutes copyright infringement, please notify us at rishi@citiesofadventure.com by providing our designated copyright agent with the following information including your name and contact details:

  • A description of the copyrighted work you claim has been infringed and a description of the activity that you claim to be infringing the copyrights;
  • Identification of the URL or other specific location on the Services where the content or activity claimed to be infringing is located. You must provide enough information to allow us to locate the material or the activity;
  • You must give an undertaking  that (i) the information you have provided is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (ii) you have a good faith belief that use of the copyrighted materials is not authorized by the copyright owner, any agent of the copyright owner, or the law.
  • If you believe in good faith that a notice of copyright infringement has been wrongly filed against, you can send the Company a counter-notice that includes the along with your name and contact details.

15. INTELLECTUAL PROPERTY RIGHTS

Intellectual Property Rights (“IPR”) for the purpose of these terms shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade addresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, source code, technical data, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and further shall also include but not be limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork,content and computer code in relation to the Site.

  1. All IPR on the Site and the content showcased herein or in publications  exclusively belong to Imaginara Legacies and CitiesofAdventure.com and in some cases to the Users who have submitted their work for the purpose of such work being showcased on the Site. User retains ownership of his/her rights in any content that is featured on the Site and is work of the User subject to the non-exclusive rights that you grant to us as described in these terms. Under no circumstance shall any User infringe in any way such IPR of the Site, other Users, any other party including those of the third parties during or pursuant to its use of the Site for any purposes whatsoever;
  2. User hereby grants Cities of Adventure a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, publish, transmit, reproduce, modify, adapt any content provided or created by the User. Cities of Adventure shall have no liability for any infringement of intellectual property rights with respect to such content created by the User and Users’ request to showcase the same on the Site;
  3. You hereby waive any moral rights you may have in such Content under the laws of any jurisdiction.

Except as expressly provided herein, the User acknowledges and agrees that he/she shall not copy, reprint, republish, post, display, translate, transmit, reproduce or distribute or in any other way infringe any Intellectual Property Right through any medium without obtaining the necessary authorization from the Site or owner of such Intellectual Property Rights.

16.DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

This site is provided on an “as is” and “as available” basis. Cities of Adventure makes no representations or warranties of any kind, express or implied, as to the operation of this Site or accuracy of the information, content, materials, or products included on this Site. We don’t warrant the accuracy of the Content or information given in blogs or the books featuring herein. Some of the content may become outdated, less relevant or inaccurate after a point in point and we shall not be held liable for any such content or information. You agree that your use of this Site is at your sole discretion and that your actions based on the information provided herein or in the content offered by us is with the understanding that the information provided by us may not necessarily be accurate and updated.

To the full extent permissible by applicable law, Cities of Adventure disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Cities of Adventure does not warrant that this Site, its servers, or e-mail sent are free of viruses or other harmful components. The transmission of data or information including that by email or other publicly accessible networks is not fully secure, and is subject to possible loss, interception or alteration while in transit for which the Company does not assume any liability including that of any damage or costs. Cities of Adventure shall not be liable for any damages of any kind arising from the use of this Site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Cities of Adventure reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. To the maximum extent permitted by applicable law, Cities of Adventure assumes no liability or responsibility for (i) any errors, mistakes, or inaccuracies of content displayed on the Site; (ii) any personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Site or any product; (iii) any unauthorized access to or use of  secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Site; and/or (v) any bugs, viruses or the like that may be transmitted to or through the Site by any third party.

17. INDEMNIFICATION

You shall indemnify and hold harmless Cities of Adventure, its subsidiaries, affiliates and their respective officers, directors, agents, representatives and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of (i) your breach of these T&Cs or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party (ii) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive).

18. GOVERNING LAWS

We shall endeavour to resolve any dispute amicably however if disputes can’t be resolved amicably, the relationship between you and Cities of Adventure shall be governed by the laws of India. Notwithstanding the foregoing, You agree that (i) we have the right to bring any proceedings before any court/forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by You shall be exclusively before the courts at Mumbai, India.

19. NOTICE

All notices to be issued pursuant to these terms shall be served to the User by email or by general notification on the Website. Any notice to be sent to the Website pursuant to these Terms shall be sent to rishi@citiesofadventure.com.

*Privacy Policy is to be read as part of Terms & Condition