Terms & Conditions

Acceptance of the Terms of Use

Welcome to the Picwale app (“Application”)built by Tryksha Productions (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of this application, including any content, functionality, and services offered on or through the application(the “Application”).

Please read the Terms of Use carefully before you start to use the Application. By using the Application, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference(“Privacy Policy”). If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Application.

This application is offered and available to users who are 18 years old or older. By using this Application, you represent and warrant that you are of legal age to form a binding contract with the Company. If you are not 18 years old or older, you must not access or use the Application.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Application following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you.

Accessing the Application and Account Security

We reserve the right to withdraw or amend this Application, and any service or material we provide on the Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Application, or the entire Application, to users, including registered users.

You are responsible for

  • Making all arrangements necessary for you to have access to the Application.
  • Ensuring that all persons who access the Application through your internet connection are aware of these Terms of Use and comply with them.

To access the application or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Application that all the information you provide on the application is correct, current, and complete. You agree that all information you provide to register with this application or otherwise, including but not limited to through the use of any interactive features on the Application, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this application or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or another identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Application and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by Indian Copyright Act and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Application for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our application, except as follows:

  • Your device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • If we provide mobile or other applications for download, you may download a single copy to your device solely for your own personal use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you make take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this application.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the application in breach of the Terms of Use, your right to use the application will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the application or any content on the application is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the application not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the name Tryksha Productions, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this application are the trademarks of their respective owners.

Prohibited Uses

You may use the application only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Application

  • In any way that violates any applicable state, UT, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from India or other countries).
  • To send, knowingly receive upload, download, use, or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Application, or which, as determined by us, may harm the Company or users of the application or expose them to liability.

Additionally, you agree not to:

  • Use the application in any manner that could disable, overburden, damage, or impair or interfere with any other party’s use of the application, including their ability to engage in real-time activities through the application.
  • Use any robot, spider, or another automatic device, process, or means to access the application for any purpose, including monitoring or copying any of the material on the application.
  • Use any manual process to monitor or copy any of the material on the application or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the application.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the application, the server on which the application is stored, or any server, computer, or database connected to the application.
  • Otherwise, attempt to interfere with the proper working of the Application.
  • If users are unable to follow the content standards we are not responsible in any cases.
  • If the user edits any content, the user must follow the content standards if the user fails to follow any of the content guidelines we are not responsible in any cases.
  • We are not responsible for the use of the content generated or downloaded from the app in any case.

User Contributions

The application may contain posting engines, message boards, chat features, or profiles, forums, bulletin boards, comment sections, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the application.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to or through the site will be considered non-confidential and non-proprietary (unless you use the proper trademark or copyright notices in the post). By providing any User Contribution on the application, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the application.

Monitoring and Enforcement; Termination

We have the right to

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or another right of any person or entity, threatens the personal safety of users of the application or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the application.
  • Terminate or suspend your access to all or part of the application for any or no reason, including without limitation any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the application. You waive and hold harmless the company and its affiliates, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of investigations by either such parties or law enforcement authorities.

However, we do not undertake to review material before it is posted on the application, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable state, UT, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, cast, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
  • If users are unable to follow the content standards we are not responsible in any cases.
  • If the user edits any content, the user must follow the content standards if the user fails to follow any of the content guidelines, we are not responsible in any cases.
  • We are not responsible for the use of the content generated or downloaded from the app in any case.

Subscription Services

Some of the Content made available on the Picwale app can be availed only by registered Users who have registered under a subscription model (“Subscription User”). You may need to register Yourself on the Site to avail of these services on a subscription model (“Subscription”). To become a Subscription User, You may be required to make payments (“Subscription Fee”) as per the applicable membership plan through a debit card, credit card, internet banking or through or other payment method accepted by (“Payment Method(s)”). Picwale app will be using third-party payment gateways to process and facilitate the payment of Your Subscription Fee. Picwale app may offer different kinds of Subscription plans, each of these Subscription plans will be subject to different limitations and restrictions and the cost of each of these Subscription plans may vary.

Payments

You cannot change your Payment Method during the tenure of your Subscription(s). If Your selected Payment Method is no longer available or expires or Your Payment Method fails for whatsoever reason, You will be responsible and liable for any uncollected amounts and Tryksha Productions reserves the right to terminate the Subscription(s) offered to You.

The Subscription Fee for a particular Subscription will be billed at the beginning of the Subscription membership, You will not charge automatically at the end of the subscription, which means your subscription will not auto-renew. on changing your existing Subscription plan to another, you would be required to pay the difference in rates (on a pro-rata basis) The Subscription Fees specified for each Subscription plan are inclusive of applicable taxes.

The Subscription Fees billed are non-refundable irrespective of whether the Subscription has been availed by You or not.

Any request for change or cancellation in any Subscription plan prior to the expiration of the current Subscription plan period will not entail You with a refund for any portion of the Subscription Fee paid by You for the unexpired period.

You also understand and acknowledge that Picwale app only facilitates the third-party payment gateway for the processing of payments. This facility is managed by the third-party payment gateway provider and You are required to follow all the terms and conditions of such a third-party payment gateway provider.

You are responsible for the accuracy and authenticity of the payment information provided by You, including the bank account number/credit card details and any other information requested during the subscription process. You represent and warrant that you have the right to use any credit card or other payment information that you submit. You agree and acknowledge that Picwale app shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in the processing of payment instruction or any credit card fraud. You can access the status of Your Subscription anytime through the “My Account” section on Your profile page. It is hereby clarified that the Subscription(s) offered to You are offered by the Picwale app and not by any third party including any payment gateway service providers.

Picwale app reserves the right to change, terminate or otherwise amend the Subscription plans, Subscription Fees for the Subscription and billing cycles at its sole discretion and at any time. Such amendments shall be effective upon posting on the Site and Your continued use of the Service shall be deemed to be Your conclusive acceptance of such amendments.

Picwale app reserves the right to change, supplement, alter or remove any of the Content that is subject to a Subscription Fee as it deems fit. Picwale app does not guarantee the availability of a specific Content or a minimum Content that is subject to a Subscription Fee.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringes.

Reliance on Information Posted

The information presented on or through the application is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the application or by anyone who may be informed of any of its contents.

This application may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third party.

Copyright Policy

We fully support Indian and international copyright law and require that you fulfill our moral and legal obligations with respect to the use of the copyright-protected materials of others. To that end, and in fulfillment of our commitment to protect the principles of copyright in general, you must seek permission to use copyrighted works whenever appropriate from the protected party before using or posting them on the application. Further, you acknowledge that copyright infringement is a violation of the law and may impose civil and/or criminal liability on the individual infringer, as well as on the infringer’s employer.

Therefore, you are required to comply with copyright law and adhere to this copyright policy. Failure to do so may result in the suspension of your account and/or civil or criminal charges.

Copyright laws are generally not straightforward, and they have many gray areas. The aim of this policy is to provide practical advice and procedures, but it is not a substitute for legal advice. Proper legal advice should be obtained whenever necessary and is solely your responsibility.

The purpose of copyright law is to provide authors and other creators (and those who obtain rights through such persons) with an incentive to create and share creative works by granting them exclusive rights to control how their works may be used. Among the exclusive rights granted to those authors are the rights to reproduce, distribute, publicly perform, and publicly display a work. These rights provide copyright holders control over the use of their creations, and an ability to benefit, monetarily and otherwise, from the exploitation of their works. Copyright also protects the right to “make a derivative work,” such as a movie from a book; the right to include a piece in a collective work, such as publishing an article in a book or

journal; and the rights of attribution and integrity for “authors” of certain works of visual art. If you are not the copyright holder, you must obtain permission prior to re-using or reproducing someone else’s copyrighted work. Acknowledging the source of work, for instance, is not a substitute for obtaining permission.

The rights granted under the Indian Copyright Act are intended to benefit “authors” of “original works of authorship,” including literary, dramatic, musical, architectural, cartographic, choreographic, pantomimic, pictorial, graphic, sculptural, and audiovisual creations. This means that virtually any creative work that you may come across in readable or viewable format, including books, magazines, journals, newsletters, maps, charts, photographs, graphic materials; unpublished materials, such as analysts’ reports and consultants’ advice; and non-print materials, including this application, computer programs, and other software, databases, sound recordings, motion pictures, video files, sculptures, and other artistic works are almost certainly protected by copyright. It is your sole responsibility to determine if anything you post on or through this application is protected by copyright.

Not everything is protected by copyright. This includes works that are not fixed; titles, names, slogans; ideas, facts and data; listings of ingredients or contents; natural or self-evident facts; and public domain works (more on this below). Some of these things may, however, be protected under other areas of law, such as patent or trademark law, or by contract. It is important to be sure that no other form of protection restricts the use of such materials before using them, and this determination is solely your responsibility.

If you believe that any User Contributions violate your copyright or that or anyone else, you are required to send us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

Changes to the Application

We may update the content on this application from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the application may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Application

All information we collect on this application is subject to our Privacy Policy. By using the application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of services formed through the application or as a result of visits made by you are governed by the terms of sale for such transactions, which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services, or features of the application or software available through the application. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Linking to the Application and Social Media Features

You may link to our application, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This application may provide certain social media features that enable you to

  • Link from your own or certain third-party applications to certain content on this application.
  • Cause portions of content on this application to be displayed or appear to be displayed on your own or certain third-party applications.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not

  • Establish a link from any application that is not owned by you
  • Cause the application or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site.
  • Link to any other part of the application.
  • Otherwise, take any action with respect to the materials on this Application that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.?

  • If users are unable to follow the content standards we are not responsible in any cases.
  • If the user edits any content, the user must follow the content standards if the user fails to follow any of the content guidelines we are not responsible in any cases.
  • We are not responsible for the use of the content generated or downloaded from the app in any case.

Links from the Application

If the application contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party applications linked to this application, you do so entirely at your own risk and subject to the terms and conditions of use for such applications.

Geographic Restrictions

The owner of the application is based in Aligarh, Uttar Pradesh, India. We make no claims that the application or any of its content is accessible or appropriate outside of India. Access to the application may not be legal by certain persons or in certain countries. If you access the Application from outside India, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the application will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the application or any services or items obtained through the application or to your downloading of any material posted on it or on any application linked to it.

Your use of the application, its content, and any services or items obtained through the application is at your own risk. The application, its content, and any services or items obtained through the application are provided on an “As is” and “As Available” basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the application. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the application, its content, or any services or items obtained through the application will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the application or any services or items obtained through the application will otherwise meet your needs or expectations.

The company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation on Liability

In no event will the company, its affiliates, or its and their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the application, any applications linked to it, any content on the application or such other applications or any services or items obtained through the application or such other applications, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless the Company and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Application, including, but not limited to, any violation of our Copyright Policy, your User Contributions, any use of the Application’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Application.

Governing Law and Jurisdiction

All matters relating to the application and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance.

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Aligarh, Uttar Pradesh, India.

Applicable Law

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Aligarh, Uttar Pradesh, India.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Application shall be instituted exclusively at Aligarh jurisdiction, in the Aligarh state of India, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

Any cause of action or claim you may have to arise out of or relating to these terms of use or the application must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, including all documents expressly incorporated herein by reference, constitute the sole and entire agreement between you and the Company with respect to the application and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the application.

Your Comments and Concerns

This application is operated by Tryksha Productions, Aligarh, Uttar Pradesh, India.

All notices of copyright infringement claims should be sent to the Company as designated in our Copyright Policy in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support, and other communications relating to the Application should be directed to our contact page.

Thank you for visiting our Application.

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