Please read these Terms of Use carefully before accessing or using this website (the “Site”).
1. ACCEPTANCE OF TERMS
1.1 You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that Destino (“Destino”) may publish from time to time (collectively, the “Terms of Use”). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.
1.2 Destino may change these Terms of Use from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the “Terms of Use” link on the home page of Destinobz.com to view the current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.
2. INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
2.1 All content on this Site, including but not limited to Images, Footage, Music, and related metadata (collectively the “Destino Content”), as well as the selection and arrangement of the Destino Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Destino Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and Destino, Destino does not grant any express or implied permission to use the Site, the Site Services (as hereinafter defined), or any DestinoContent. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any Destino Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Destino Content.
2.2 Unless you enter into a license agreement with Destino you may not download, distribute, display and/or copy any Destino Content.
2.3 You may not remove any watermarks or copyright notices contained in the Destino Content.
3. DESTINO TRADEMARKS
3.1 For the purposes of these Terms of Use, the term, “Trademark(s)” means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Destino.
3.2 Nothing contained herein grants or shall be construed to grant you any rights to use any Destino Trademark, unless expressly conferred by these Terms of Use.
3.3 You agree that you will not use Destino’s Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Destino.
3.4 You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Destino Trademarks or the Trademark rights claimed by Destino.
3.5 You agree that you will not use any Destino Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.
3.6 You may not at any time, adopt or use, without Destino’s prior written consent any word or mark which is similar to or likely to be confused with Destino’s Trademarks.
3.7 The look and feel of the Destino website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Destino and may not be copied, imitated or used, in whole or in part, without the prior written consent of Destino.
3.8 All other trademarks, product names, and company names or logos used or appearing on theDestino website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Destino, unless expressly so stated.
3.9 You may not use a Destino trademark, logo, Image or other proprietary graphic of Destino to link to the Destino website without the prior written consent of Destino.
3.10 You may not frame or hotlink to theDestino website or any Image without the prior written consent of Destino.
4. SITE SERVICES
4.1 Various services are made available to you, pursuant to your use of the Site and Destino Content licensed thereon (the “Site Services”). Subject to your compliance with these Terms of Use, any applicable license agreement with Destino, and the law, you may access and use the Site Services. Destino remains the sole owner of all right, title, and interest in the Site Services and reserves all rights not expressly granted under these Terms of Use. Destino may modify, replace, or discontinue any Site Services at any time, for any reason, with or without notice, in Destino’s sole discretion. Destino provides the Site Services on an “as is” and “as available” basis. Destino (or third parties acting on its behalf) may collect data related to your use of the Site Services
4.2 Destino may make Destino Content available through the Site Services. You may not use any Destino Content for any purpose without first obtaining a license to use such Destino Content. Any use of Destino Content by you shall be governed by the applicable license agreement separately entered into between you and Destino. Displaying and/or distributing to the public any watermarked or unlicensed Destino Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.
5. YOUR CONTENT
5.1 For any image, footage, text, audio, or any other content that you upload or post to the Site (“Your Content”), including but not limited to the Site Services, you represent and warrant that: (i) you have all necessary rights to submit Your Content to the Site Services and grant the licenses set forth herein; (ii) Destino will not need to obtain licenses from any third party or pay royalties to any third party with respect to Your Content; (iii) Your Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) Your Content complies with these Terms of Use and all applicable laws.
5.2 By uploading Your Content, you grant Destino a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from Your Content for the purpose of allowing you to edit and display Your Content using the Site Services and archiving or preserving Your Content for disputes, legal proceedings, or investigations. The above licenses will continue unless and until you remove Your Content from the Site, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.
5.3 You may not upload, post, or transmit any video, image, text, audio recording, or other content that:
• Infringes any third party’s copyrights or other intellectual property rights or any right of publicity or privacy;
• Contains any pornographic, defamatory, or otherwise unlawful or immoral content.
• Exploits minors;
• Depicts unlawful or violent acts;
• Depicts animal cruelty or violence towards animals;
• Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or
• Violates any law, statute, or regulation.
6. INFRINGEMENT
6.1 If you believe that any Image or other material made available by Destino infringes upon any copyright that you own or control, you may notify Destino immediately.
7. LIMITATIONS
7.1 You agree that you shall not:
• Engage in any conduct that shall constitute a violation of any law or that infringes the rights of Destino or any third party.
• Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by these Terms of Use.
• Violate the rights of Destino or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
8. RESTRICTION AND TERMINATION OF USE
8.1 Destino may block, restrict, disable, suspend or terminate your access to all or part of the Site, the Site Services, and/or Destino Content at any time in Destino’s discretion, without prior notice or liability to you. Any conduct by you that, in Destino’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site or the Site Services is strictly prohibited and may result in the termination of your access to the Site or the Site Services without further notice.
9. LINKS TO THIRD PARTY SITES
9.1 In the event that Destino provides links from its website to any third-party website or permits any third party to link from its website to the Destino website, you should be aware that Destino makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their websites. Such websites are not under the control of Destino, and Destino provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by Destino.
10. WARRANTIES AND DISCLAIMERS
10.1 Your use of the Site and the Site Services are at your own risk. The Site and the Site Services, are provided by Destino under these terms of use “as is” without warranty of any kind, either express, implied, statutory or otherwise. Destino expressly disclaims any and all warranties of any kind, whether express or implied, to each and any Site Services made available at any time, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Destino makes no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations; and (iv) any errors or defects in the site, services or materials will be corrected. Destino makes no representations or warranties that the Site Services will be permitted in your jurisdiction, that the Site Services or your use of the Site Services will be uninterrupted or error-free, that any of Your Content submitted by you will be available through the Site Services or will be stored by the Site Services, that the Site Services will meet your needs, or that Destino will continue to support any particular feature of the Site Services. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (7) days after the date on which you first used the Site Services, and no warranties shall apply after such period.
11. PERSONAL INFORMATION AND PRIVACY
11.1 Destino will use and protect your data, such as your name and address, in accordance with the Destino Privacy Statement, the contents of which are incorporated by reference into these Terms of Use.
12. INDEMNIFICATION
12.1 You agree to defend, indemnify and hold harmless Destino, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your conduct, your use or inability to use Site, the Site Services, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the Destino Content, or your violation of any rights of another.
13. GOVERNING LAW AND JURISDICTION
13.1 These Terms of Use are governed by and shall be construed in accordance with the laws of India. You hereby consent to the jurisdiction of the country and courts located within India. All actions, controversies and disputes arising from or relating to these Terms of Use shall be heard and decided exclusively before the courts located within India and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to these Terms of Use may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.