INTELLECTUAL PROPERTY NOTICE
All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software and other material (collectively “Content”), is owned or licensed property of Russet or its software and content suppliers and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement, and assembly of all content on the Site are the exclusive property of Russet and protected by Indian and international copyright laws. The Content of the Site, and the Site as a whole, is intended solely for personal, noncommercial use by the users of our Site. You may download, print, post and store selected portions of the Content for personal, noncommercial purposes, provided you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.
Russet and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials that appear on the Site. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of Russet’s or any third party’s intellectual property rights.
Russet respects the intellectual property rights of others and requires that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Site, please notify us by sending an email to the following address: email@example.com
In order for Russet to more effectively assist you, the notification must include all of the following:
i) A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;
ii) A description of the copyrighted work or other right you claim has been infringed or violated;
iii) Information reasonably sufficient to locate the material in question on the Website;
iv) Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you;
v) A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and
vi) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.
LINKS TO THIRD PARTIES’ WEBSITES
The Site may contain links to websites of third parties, including social sites and product manufacturers. Russet is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms and conditions and content of any such website. Before enabling any sharing functions of the Site to communicate with any such website; Russet strongly recommends that you review and understand the terms and conditions, privacy policies, settings and information sharing functions of each such third party website. The links and interactive functionality for third party sites on the Site in no way constitute an endorsement by Russet of these third party websites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK.
DISCLAIMERS OF WARRANTIES – GENERAL
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: While Russet attempts to ensure your access and use of the Site is safe, Russet cannot and does not represent or warrant that the Site or its server will be error–free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks) or otherwise meet your requirements.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS AND OTHER PRODUCTS (INCLUDING SOFTWARE), SERVICES AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY RUSSET ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. RUSSET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, THE ACCURACY OR COMPLETENESS OF CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), SERVICES OR USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR ITS SERVERS, OR THAT EMAILS SENT FROM RUSSET ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. RUSSET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS PRODUCTS (INCLUDING SOFTWARE), SERVICES OR USER CONTENT OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, RUSSET DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES, BUT YOU WOULD LOOK SOLELY TO SUCH THIRD PARTIES WITH RESPECT TO ANY SUCH REPRESENTATION AND WARRANTIES.
On the Site, we may display names, marks, products, advertisements or services of third parties, pop–up texts, or links to third party sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. If you decide to link to any such third party sites, you do so entirely at your own risk.
Goods shipped to and for use in the India warrants to Client that the Goods are free of material Defects in material and workmanship for one (1) Year from delivery if properly stored, handled, assembled, maintained, and used under normal conditions in a non-commercial setting. “Defects” are defined as imperfection in material or wooden frame that will impair the use of the Goods. This product warranty does not cover: 1) Defects caused by improper product storage, handling, assembly, maintenance, or use, 2) Defects occurring to the Goods after purchase due to product modification, intentional damage, accident, misuse, abuse, or negligence, 3) normal product wear and tear due to age including wearing or staining or loosening of fabric or leather or any such material. Normal wear and tear or damage from daily use is not warranted—for example, fabrics and leathers may naturally fade or deteriorate over time, and cushion cores may soften and lose shape. These are normal conditions are not considered manufacturers’ defects and are not covered under our warranty. Other exclusions include: 4) Labor or assembly costs, 5) Variations of color or texture in Goods made of natural materials like fabric, leather, wood etc, Fabric and leather are not covered by any warranty. Buttons on tufted products covered with fabric/ leather are also not covered under warranty as we do not have any control over the usage of these products. 6) Commercial use of any Goods (e.g., use in a commercial establishment or other setting outside of a personal residential setting). If Client finds a material Defect in material or workmanship in any Good, part or component, Client must report such Defect during the relevant warranty period Russet Studio Customer Service on firstname.lastname@example.org. Russet in due course will repair or replace the Good free of charge. Replacement or repair of Goods does not extend its warranty period beyond the original warranty expiration date. All Russet Product warranties are limited warranties and are limited to the original purchaser with proof of purchase. With respect to any and all lighting products, the foregoing warranty is applicable to non-electrical defects. There is no warranty on the filament bulbs unless you received the same in broken/ non working condition. The same needs to be reported within 7 (SEVEN) day of delivery of said products. Our warranty is non-transferrable and applies to residential (non-commercial) use only and is void if the furniture is used in what is considered to be a non-household setting, or misused, handled improperly, reupholstered or repaired by any resource other than us or our partners. For warranty issues, we will repair or provide reasonably equivalent furniture as a replacement due to any product defects. Replacement furniture will be of equal value to the original purchase price. No cash refund is available and in no case shall we be liable for more than the purchase price of the furniture or for incidental or consequential damages. Visible defects and variance to order details must be brought to our attention within 7 (SEVEN) days of delivery. Issues not presented within 7 days of delivery will be considered “acceptable” and will not be warranted.
The Terms and all transactions entered and the relationship between You and Russet and any mutual claims shall be governed in accordance with the laws of India without reference to any conflict of laws principles. All claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms or any transactions entered into on or through the Website shall be subject to the exclusive jurisdiction of the courts at Mumbai, Maharashtra, India and You hereby accede to and accept the jurisdiction of such courts.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL RUSSET OR ANY OF ITS RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS ARE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING,WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF RUSSET HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
INDEMNIFICATION AND DEFENSE OF RUSSET
As a condition of the use of the Site, you agree to defend, indemnify and hold harmless Russet, and its respective employees, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations or inquiries, claims, suits, damages, costs and expenses (including without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to your use of the Site.
These Terms & Conditions, including policies incorporated herein, constitute the entire agreement between you and Russet with respect to the Site. These Terms & Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Russet with respect to the Site. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No waiver will be applicable other than in the specific instance in which it is given. No failure to exercise, partial exercise of, or delay in exercising any right or remedy, or failure to require the satisfaction of any condition under, these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. Nothing in these Terms & Conditions creates a relationship of agent and principal, partners, joint venture’s or employer–employee between the parties, and no act or obligation of either party will in any way bind the other. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms & Conditions without our express prior written consent. We may also provide notice of changes to these Terms & Conditions by displaying such notices or by providing links to such notices.
You agree that a printed version of these Terms & Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.