WELCOME TO www.funkylicious.com A FLAGSHIP PORTAL OPERATED BY M.A.D MARKETING AND/OR ITS SUBSIDIARY(IES) AND/OR AFFILIATE(S) (COLLECTIVELY REFERRED TO AS THE “COMPANY”).
This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act, 2000”) and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www.funkylicious.com (hereinafter referred to as ‘Website’) is owned by M.A.D. Marketing Private Limited (hereinafter referred to as ‘funkylicious’), a company incorporated under the Companies Act, 2013, with its registered office at
M.A.D. Marketing Private Limited.
C-48, Sector 10, DND Road
Noida, Uttar Pradesh
Funkylicious provides a range of services (the “Funkylicious “) which enable you to publish, sell, comment on, promote, and purchase artwork and art-related products (collectively, “Products”) through “Funkylicious.com” (the “Site”); interact with other Funkylicious Users ; and receive the benefits of “Funkylicious Services” Product production services, including payment processing, transaction handling, product manufacturing, packaging, order fulfillment and customer support.
This Agreement contains the complete terms and conditions that apply to an individual’s or entity’s participation in the Funkylicious Affiliates Program (the “Program”). As used in this Agreement, “we”, “us”, or “our” means M.A.D. Marketing Private Limited or any of our affiliate; parent; or group companies and our successors and assigns, as the case may be, and “you” means the applicant. Funkylicious Site means, collectively, the funkylicious.com website. “Your site” means your website where you will link to the Funkylicious Site (and which you will identify in your Program application). Save for our obligation to pay referral fees , which may be performed solely by us, we may cause any of our obligations under this Agreement to be fulfilled by any of our Affiliates (defined below), on our behalf.
Content, Copyright & Intellectual Property Policies
You understand that all 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 www.Funkylicious.com (“Content”), whether publicly posted or privately transmitted, is protected by copyright and other intellectual property rights. You understand that you will be exposed to Content and may purchase Products from a variety of www.Funkylicious.com and that you rely on the Content and purchase Products at your own risk. Funkylicious does not prescreen Content or Products and is not responsible for examining or evaluating any Content or Products offered through the Funkylicious Site, including without limitation, their accuracy, usefulness, or safety, or for determining whether the party offering the Content or Products for sale has obtained all required rights to do so. Without limitation of the foregoing, while we try to offer reliable data, we cannot promise that the Content on the Site will always be accurate and up-to-date. You further understand and acknowledge that you may be exposed to Content that is offensive, indecent or objectionable and that we may not be able to confirm the identity of other registered users or prevent them from acting under false pretenses or in a manner that infringes the rights of any person. YOU HEREBY WAIVE ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST FUNKYLICIOUS WITH RESPECT TO ANY ACTIVITIES, CONTENT, PRODUCTS, ACTIONS OR INACTIONS OF ANY THIRD PARTY IN CONNECTION WITH THE FUNKYLICIOUS SITE , INCLUDING WITHOUT LIMITATION, ANY ILLEGAL, DEFAMATORY, OFFENSIVE, OR UNAUTHORIZED CONDUCT BY ANY OF THE FUNKYLICIOUS SITE ’ USERS.
As between you and “Funkylicious Site”, you own all and retain all rights in your Content. You hereby grant Funkylicious Site and its affiliates a worldwide, royalty-free, nonexclusive, assignable license, with right of sublicense, to use, publicly display and publicly perform, publish, reproduce, modify, and distribute your Content in any format or medium now known or later developed for the purpose of promoting your Content, producing and promoting your Products, and providing the other Funkylicious Site to you.
YOU, AND NOT “FUNKYLICIOUS”, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR CONTENT THAT YOU MAKE AVAILABLE AND ALL PRODUCTS YOU OFFER FOR SALE THROUGH THE FUNKYLICIOUS SITE, INCLUDING WITHOUT LIMITATION, THAT YOU OWN OR HAVE OBTAINED ALL REQUIRED INTELLECTUAL PROPERTY AND OTHER RIGHTS IN YOUR CONTENT, INCLUDING WITHOUT LIMITATION, THE RIGHT TO MANUFACTURE, DISTRIBUTE AND SELL PRODUCTS THAT INCLUDE YOUR CONTENT.
You represent and warrant that:
- You own all intellectual property rights in your Content or that you have obtained all copyrights, trademark rights, rights of publicity and other rights required for you to make your Content available through the Funkylicious Site, to manufacture, distribute and sell Products that include your Content and to grant Funkylicious Site the rights granted to it in these Terms;
- Your Content and the manufacture, distribution and sale of Products that include your Content does not and will not infringe the intellectual property rights or other rights of any person or entity, including without limitation any copyright, moral rights, trademark, patent, right of publicity or right of privacy;
- Your Content does not contain material that is false, inaccurate, misleading, incomplete, defamatory or libelous obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy, in violation of anyone’s rights, including their privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
- Your Content is accurate, is not misleading or deceptive and does not offer or disseminate fraudulent goods, products, services, schemes, or promotions.
Grant Of Rights And User Conduct
So long as you comply with these Terms, Funkylicious Site hereby grants you a limited, non-exclusive, revocable, non-transferable license, without right of sublicense, to use the Funkylicious Services solely for their intended purpose. Funkylicious is founded on respect for others, and we take this very, very seriously. While using the Services you agree to:
- Provide and maintain and update your account information and to keep it true, accurate, current, and complete at all times;
- Ensure that your access to the Funkylicious Site is not illegal or prohibited by laws that apply to you;
- Take your own precautions to ensure that the process that you employ for accessing the Funkylicious Site and any Linked Website (defined below) does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
You agree that you shall not, and shall not instruct, permit, allow or induce any person, directly or indirectly:
- Post Content or Products in an inappropriate category or areas of the Funkylicious Site;
- Fail to deliver payment, services or Product for collaborations posted by you unless a clear typographical error is made or you cannot authenticate the recipient’s identity;
- Interfere with another Funkylicious user’s Content or Products;
- Circumvent or manipulate our fee structure, the billing process, or fees owed to “Funkylicious”;
- Take any action that may undermine any ratings system that Funkylicious may use;
- Transfer your Funkylicious account and user identification to another party without our prior written consent;
- Distribute viruses or any other technologies that may harm Funkylicious or the interests or property of Funkylicious Site;
- Use, reproduce, copy, modify, adapt, create derivative works from, publish, print, transmit, distribute, perform, display, sell, license, rebrand, or otherwise transfer (i) any portion of the Funkylicious Site or Content made available through the www.funkylicious.com other than your own Content, without the owner’s express written permission; or (ii) any Funkylicious copyrights or trademarks;
- Remove any copyright, trademark or other proprietary rights notices contained in or on the Funkylicious Site or any Content other than your own Content;
- Harvest or otherwise collect information about other users of the Funkylicious Site , including email addresses, without their consent;
- Impersonate any person or entity, including, but not limited to, a Funkylicious official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Frame, mirror, or otherwise simulate the appearance or function of the Funkylicious Site or any other person’s Content or forge headers, icons or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or other proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email, transmit or otherwise make available through the Funkylicious Site any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, email, transmit or otherwise make available through the Funkylicious Site any material that contains adware, malware, spyware , software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- “Stalk” or harass or harm another person.
The Site is controlled and offered by M.A.D. Marketing Private Limited a body incorporated under Companies Act 2013 from its facilities in India and data related to the Funkylicious Site is hosted in the INDIA. If you access or use the services other then domain www.funkylicious.com , you do so at your own risk. You are responsible for knowing and complying with the Indian laws. If such laws conflict with your use of the Funkylicious Site, you are not permitted to use them.
Registration and Account Information
In order to make available Content or Products through the Funkylicious Site, whether for sale or not, you must create a Funkylicious account. When creating a user account, you must provide accurate, complete and updated registration information. You may not select a user name that is vulgar, offensive, obscene or attempts to impersonate another person. You may never use another person’s Funkylicious account without permission from that user. You are solely responsible for all the activity that occurs through your account, including the activities of others and regardless of whether such activities are authorized, and for keeping your account password secure. You agree to notify Funkylicious immediately of any breach of security or unauthorized use of your account. Although Funkylicious will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Funkylicious or others due to such unauthorized use. We reserve the right to require you to alter your password if we believe your password is no longer secure. Funkylicious reserves the right to refuse to provide you with an account or cancel your account in its sole discretion.
You acknowledge and agree that Funkylicious Site may access, retain and disclose your account information and your Content if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to a NOCI; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of “Funkylicious Site ”, its users or the public.
Whenever a customer buys a product with your design, the said transaction starts reflecting in ‘Myaccount/Myearning’ tab at your account page at Funkylicious.com. The transaction reflects only after the customer has received the said product. Post 15 days from the date of product received by the customer, the same amount will then be transferred to your Paytm/PayPal account subject to the fact that there is no cancellation/exchange request initiated by the customer within those 15 days.
IDENTIFYING YOURSELF AS AN AFFILIATE
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. You may not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
DISCLAIMER OF WARRANTIES AND LIABILITY
THE FUNKYLICIOUS SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH ALL FAULTS. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OR THAT THE FUNKYLICIOUS SERVICES WILL BE ERROR FREE OR THAT ALL TRANSACTIONS WILL BE COMPLETED, THE OPERATION OF THE FUNKYLICIOUS SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. ACCORDINGLY, TO THE EXTENT LEGALLY PERMITTED, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANT-ABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE FUNKYLICIOUS SERVICES. WE ARE NOT AND SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF MONEY OR PROFITS, GOODWILL, DATA, CONTENT OR REPUTATION, OR ANY PROPERTY DAMAGE OR PERSONAL INJURY WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE FUNKYLICIOUS SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST US ARISING OUT OF YOUR USE OF THE FUNKYLICIOUS SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE SCOPE AND DURATION OF OUR WARRANTIES AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
You acknowledge that any agreement you make with another party through the Funkylicious Services is strictly between you and such party and Funkylicious Site is not a party to that agreement. If you have a dispute with another such party, you hereby release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, liabilities, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such dispute. You agree that Funkylicious has no control over and does not guarantee the delivery of the advertised collaborations and that Funkylicious shall be released from any and all damages resulting from the failure to receive any benefits of an anticipated collaboration.
If you use any of our trademarks in reference to our products or services, you must include a statement attributing that trademark to us and must comply with our guidelines regarding the use of our trademarks. You must not use any of our trademarks in or as the whole or part of your own trademarks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including the Funkylicious Site).
The Funkylicious Site may contain links to other websites that are not owned or controlled by us (“Linked Websites”). Those links are provided for convenience only and may not remain current or be maintained. We do not screen Linked Websites and are not responsible for the content, security, operation, or use of any Linked Websites or the products or services that may be offered or obtained through them. Further, We are not responsible for the content or privacy practices associated with Linked Websites and it is your responsibility to review those policies before accessing those sites. If you access a Linked Website, you do so at your own risk.
Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent we may explicitly stipulate to the contrary on the Funkylicious Site You expressly relieve us from any and all loss, damages or other liabilities you incur as a result of your use of any Linked Website.
Access And Interference
Much of the information available through the Funkylicious Site is updated on a real-time basis and is proprietary or is licensed to Funkylicious by our users or third parties. All intellectual property rights in the Funkylicious Sites (including without limitation, the software and systems underlying the Funkylicious Sites, and all text, graphics, logos, icons, sound recordings and software) are owned by or licensed to us and we reserve all rights in them. You agree that you will not use any robot, spider, scraper or other automated means to access the Funkylicious Sites for any purpose without our express written permission.
Additionally, you agree that you will not:
- Take any action that imposes or may impose (as determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- Interfere or attempt to interfere with the proper working of the Funkylicious Sites or any activities conducted through them; or
- Bypass any measures we may use to prevent or restrict access to the Funkylicious Sites; or
- De-compile, disassemble or otherwise reverse engineer the Funkylicious Sites or any portion thereof, or otherwise attempt to derive the source code or other trade secrets embodied in the Funkylicious Sites.
COMPLIANCE WITH LAWS
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable Indian laws that govern marketing email and all other anti-spam laws.
TERM OF THE AGREEMENT
The term of this Agreement will begin upon our acceptance of your Program Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to the funkylicious Site, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Effect of Termination: Upon termination of this Agreement by either side you will cease to be an affiliate and shall not remove Artistic work without our written permission/ all links to the funkylicious site as detailed in above clause herein and non-removal of links and use of all or any of our trademark, trade dress, logos and price are treated as illegal crawling and infringement of our Trademark.
RELATIONSHIP OF PARTIES
You and we are independent Service providers/ contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this clause, doing so you will be responsible and necessary action will be taken as per Indian Laws.
LIMITATION OF LIABILITY
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchant-ability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the funkylicious Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
You acknowledge that you have read this agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement or operate web sites that are similar to or compete with your web site. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.
Any dispute relating in any way to the Program or this Agreement in which the aggregate total claim for relief sought on behalf of one or more parties exceeds INR 1,00,000 will be adjudicated in Indian court: Gautam Budh Nagar, Uttar Pradesh, and you hereby consent to exclusive jurisdiction and venue in those courts. You further acknowledge and agree that our rights in the Content are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.
Termination Of Account
Funkylicious may suspend or terminate your access to all or any part of the Funkylicious Sites or your account at any time, with or without cause, with or without notice, effective immediately. Without limitation of the foregoing, Funkylicious may terminate your access to the Funkylicious Services if you are determined to be, in “Funkylicious”’ sole discretion, a repeat infringer of these Terms. Funkylicious Site may, but shall not be obligated to, give you one warning if you have violated these Terms prior to terminating your account.
You may terminate these Terms at any time by terminating your use of the Funkylicious Services.
On termination of these Terms for any reason, the rights and licenses granted to you here-under will immediately terminate and the provisions of these Terms that by their nature and context are intended to survive termination shall survive, including, without limitation, the following provisions: Content, Copyright & Intellectual Property Policies, Account Information, Disclaimer of Warranties and Liability, Release, Linked Websites, Access and Interference, Privacy, Indemnity, No Agency, Ability to Accept Terms, Notices, Resolution of Disputes, and General. Funkylicious shall have no liability to you for any damages, loss of profits or other claims arising from the termination or suspension of your access to the Funkylicious Services or your account.
Without limitation of the foregoing, Funkylicious shall have the right to retain the Artistic work copies of your Content in its Website and archives for its internal business purposes and legal purposes.
Modifications To The Funkylicious Services And Terms
We may modify any of the terms and conditions contained in this Agreement, without prior notice at any time and in our sole discretion, by posting a change notice or a new agreement on the funkylicious Site. Modifications may include, for example, changes in the scope of available sharing of profits , referral fees, referral fee schedules, payment procedures, and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement in writing . Your continued participation in the program following our posting of a change notice or new agreement on the funkylicious site will constitute binding acceptance of the change.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from and against any and all claims, demands, liabilities, damages, losses, fines, and expenses (including but not limited to, reasonable attorneys’ fees and other professional fees and costs of investigation), arising from or in any way related to (a) your Content or your use of the Funkylicious Site, including without limitation, your sale of any Products; (b) your (or anyone using your account’s) breach of these Terms; or (c) your violation of any law or the rights of any third party, including without limitation, any intellectual property rights or privacy rights. You may not settle any claim in any manner that binds Funkylicious without our express prior written consent. Funkylicious may withhold any amounts due to you pending the resolution of any claim subject to this indemnity and may apply such amounts to the resolution of such claim.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Resolution Of Disputes
If a dispute arises between you and “Funkylicious”, you and Funkylicious agree that the parties will resolve any such claim (a “Claim”) in accordance with one of the subsections below or as Funkylicious and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to these Terms or your use of the Funkylicious Services must be filed within one (1) year after the claim or cause of action arose.
Law and Forum for Disputes –
Arbitration Option – For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than Rs.10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, it shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions (the specific manner shall be chosen by the party initiating the arbitration); b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims – All claims you bring against Funkylicious must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Funkylicious may recover attorneys’ fees and costs up to the greater of (i) its actual attorneys’ fees and costs; and (ii) Rs 10,000, provided that Funkylicious has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You may not assign or transfer your rights or obligations under these Terms. Any purported transfer or assignment in violation of the foregoing will be invalid. We may assign these Terms and our rights and obligations under them upon notice to you in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure or delay to exercise or enforce any right or provision of these Terms or any rights under applicable law shall not constitute a waiver of any of those provisions or rights.
M.A.D. Marketing Private Limited.
C-48, Sector 10, DND Road
Noida, Uttar Pradesh
This disclaimer/terms of service notification is subject to change without notice