Binding Contract

We request you to read these terms of service (“Terms Of Use”) carefully and the privacy policy (“Privacy Policy”) set out on the Website. The Terms and Privacy Policy displayed on the Website, once accepted by you, becomes a legally binding contract between you and Us. Your use of the Website, purchase of any Products displayed on the Website, it a clear indication that you have completely agreed to the Terms and Privacy Policy of the Website and all the rules, policies, procedures relating to the services provided by Polar Bear Library, including in relation to the use of the Website, that may be amended from time to time without providing any notice to you. If you want to ask us anything about these Terms or have any comments or complaints on or about our Website please call us on +1 707-642-9872.

Eligibility Of Use

Reference to the term “You” on this Website shall mean you individually or in the event you are accepting the Terms and Privacy Notice on behalf of any company or body corporate or such other legal entity, it shall also mean and include such entity. In order to use the Website and accept the Terms and Policy of the Website, you are required to be of 18 years or above or in the event the same is being done on behalf of a company or such other legal entity, you shall be authorized by such legal entity to do such acts on behalf of them. If you do not meet these requirements or do not agree to these Terms or the Privacy Policy, you may not create an account or use the Website. Polar Bear Library reserves the right to terminate your subscription and / or refuse to provide you with access to the Website if it is discovered that you are under the age of 18 years.

Content , Copyrights & Intellectual Properties Policies

You understand that all designs, information, images, pictures, data, text, music, sound, photographs, graphics, video, messages, or other materials submitted, posted, published, displayed, performed, or offered for sale through the Polar Bear Library (“Content”), whether publicly posted or privately transmitted, is protected by copyright and other intellectual property rights. Polar Bear Library shall always make its best efforts to safeguard the interest and the rights of the designers with regards to their respective artwork.

We request you to note that Polar Bear Library do not prescreen any of the Content or Products that are uploaded on the Website and therefore will not be in a position to examine or evaluate the same inter-alia in terms of its accuracy, usefulness, safety or such other features. Polar Bear Library only provides an online platform for the artists to display their creativity, sell their Products inter-alia on the Website and benefit to the best out of it. In doing so, we request you to be legally compliant as required under applicable laws since we do not check so as to whether they have obtained all required rights to do so.

Further, Polar Bear Library do not own any of the intellectual property rights including copyright over the designs, contents and Products displayed for sale on the Website as the same are completely owned by such designers uploading the same or their assignees. Polar Bear Library only provides a platform that would facilitate the purchase and sale of the Products uploaded by the designers and do not own any content or have any other rights over the same. The user hereby agrees that claim being made in relation to the intellectual property rights of the contents / designs/ Products uploaded on the Website will be made directly against such designers who have uploaded it and Polar Bear Library shall not be responsible or liable in relation to the same.

It shall be the sole discretion of Polar Bear Library to prescreen the design / content / Product uploaded on the Website. However, it is to be noted that Polar Bear Library does not have any obligation to do so.

You Agree and Confirm

1. That You shall use the services provided by us, for lawful purposes only and shall comply with all applicable laws and regulations while using the Website and transacting on the Website.

2. You shall provide authentic and true information in all instances where such information is requested of You. We reserve the right to confirm and validate the information and other details provided by You at any point of time. If upon confirmation Your details are found to be false (wholly or partly), we have the right and the sole discretion to reject the registration and debar you from using the services of our Website and / or other affiliated websites without prior intimation whatsoever.

3. That You shall access the services available on this Website and transact at your sole risk and shall use your best and prudent judgment before entering into any transaction through this Website.

You Agree and Confirm That You Shall Not Use Our Website For Any Of The Following Purposes

1. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.

2. Infringing the intellectual property rights of any third parties.

3. Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.

4. Gaining unauthorized access to other computer systems.

5. Interfering with any other person’s use or enjoyment of the Website.

6. Breaching any applicable laws, rules or regulations.

7. Interfering or disrupting networks or web sites connected to the Website.

8. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the copyright owner.

Indemnity

You agree to defend, indemnify and hold us and our employees, directors, officers, agents and their successors and assigns, harmless from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of or relating to claims based upon your actions or inactions, which may result in any loss or liability to us or any third party, including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under these Terms of Use or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive in perpetuity the expiry or termination of these Terms of Use.

Termination and survival of the terms after the term ends

Polar Bear Library may terminate these Terms at any time. Without limiting the foregoing, Polar Bear Library shall have the right to immediately terminate any your password or account or block your IP address, in the event of any conduct by you, which Polar Bear Library, in its sole discretion, considers to be unacceptable, or in breach of these Terms. You may terminate these Terms at any time, provided that you immediately discontinue any further use of our Website. Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on a party including our right to any Comment will survive the expiration or termination of these Terms.

Limitation of Liability and Disclaimers

The Website is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Website. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. This disclaimer constitutes an essential part of these Terms. To the fullest extent permitted under applicable law, We shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or these Terms. Without prejudice to the generality of the section above, our total liability to you for all liabilities arising out of these Terms, be it in tort or contract or any other legal theory is limited to INR [•]) . We, our associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, relevance and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and / or uninterrupted. Consequently, [www.polarbearlibrary.org] assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.

Website Security

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus, bug or worm or other file or software to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Polar Bear Library may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.

Entire Terms

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. Unless otherwise specified herein, these Terms and the Website policies constitute the entire agreement between you and [www.polarbearlibrary.org] with respect to our sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the [www.polarbearlibrary.org]. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.