Term of Use

Your Account and Registration Obligations

If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

Communications

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Membership Eligibility

Use of the Website is available only to persons who can form legally binding contracts. Persons who are "incompetent to contract" including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Konark website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Konark reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Konark’s notice or if it is discovered that you are under the age of 18 years.

Platform for Transaction and Communication

The Website is a platform that Users utilize to meet and interact with one another for their transactions. Konark is not and cannot be a party to or control in any manner any transaction between the Website’s Users.

Henceforward:

1. All commercial/contractual terms are offered by and agreed to Buyers. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Konark does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyer
2. Konark does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. Konark does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Konark accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
3. Konark is not responsible for any non-performance or breach of any contract entered into by Buyers. Konark cannot and does not guarantee that the concerned Buyers will perform any transaction concluded on the Website. Konark shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
4. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Konark is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.
5. At no time shall Konark hold any any right, title or interest over the products nor shall Konark have any obligations or liabilities in respect of such contract.
6. Konark is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
7. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.
8. Disclaimer: Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
9. You release and indemnify Konark and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Konark cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
10. Please note that there could be risks in dealing with underage persons or people acting under false pretence./span>

Charges

Membership on the Website is free for buyers. Konark does not charge any fee for browsing and buying on the Website. Konark reserves the right to change its Fee Policy from time to time. In particular, Konark may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Konark reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Dollars. You shall be solely responsible for compliance of all applicable laws including those in US for making payments to Konark./span>

Use of the Website

You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:/span>

1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:

(a)

belongs to another person and to which You does not have any right to;

(b)

is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

(c)

is misleading in any way;

(d)

is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

(e)

harasses or advocates harassment of another person;

(f)

involves the transmission of "junk mail”, "chain letters”, or unsolicited mass mailing or "spamming";

(g)

promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

(h)

infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];

(i)

promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

(j)

contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

(k)

provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

(l)

provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

(m)

contains video, photographs, or images of another person (with a minor or an adult).

(n)

tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(o)

engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website. Throughout this Terms of Use, Konark’s prior written consent means a communication coming from Konark’s Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;

(p)

solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;

(q)

interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;

(r)

refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any

other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

(s)

harm minors in any way;

(t)

infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;

(u)

violates any law for the time being in force;

(v)

deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(w)

impersonate another person;

(x)

contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information<;

(y)

threatens the unity, integrity, defence, security or sovereignty of US, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation..

(z)

shall not be false, inaccurate or misleading; (aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. (ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;

1. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
2. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
3. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
4. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Konark, Konark International, Sparks, Konark Publishers, Konarkmarket.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Konark or on platform or otherwise tarnish or dilute any Konark’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Konark’s systems or networks, or any systems or networks connected to Konark.
5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
6. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
7. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Konark and / or others.
8. 1. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and
   2. regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
9. Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.
10. From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
11. You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. We reserve the right, but has no obligation, to monitor the materials posted on the Website. Konark shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Konark views. In no event shall Konark assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
12. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
13. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
14. Konark shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

Contents Posted on Site

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), is a third party user generated content and Konark has no control over such third party user generated content as Konark is merely an intermediary for the purposes of this Terms of Use. Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Konark’s express prior written consent. You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents. You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, "Content"). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.

Privacy

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at http://www.Konark.com/s/privacypolicy. If You object to Your Information being transferred or used in this way please do not use Website.

We and our affiliates will share / sell / transfer / license / covey some or all of your personal information with another business entity should we (or our assets) plan to merge with or are acquired by that business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow the privacy policy with respect to your personal information. Once you provide your information to us, you provide such information to us and our affiliate and we and our affiliate may use such information to provide you various services with respect to your transaction whether such transaction are conducted on www.KonarkMarket.com or with third party merchant's or third party merchant's website.

Disclaimer of Warranties and Liability

This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Konark does not warrant that:

• This Website will be constantly available, or available at all; or
• The information on this Website is complete, true, accurate or non-misleading.

Konark will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Konark does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components. Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You. You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

Services Payment

While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to: Lack of authorization for any transaction/s, or Exceeding the preset limit mutually agreed by You and between "Bank/s", or Any payment issues arising out of the transaction, or Decline of transaction for any other reason/s

All payments made against the purchases/services on Website by you shall be compulsorily in dollars acceptable in the United of States. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website. Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users. Further:

1. Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render Konark liable or responsible for the non–delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Konark’s Website.
2. You understand, accept and agree that the payment facility provided by Konark is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the Transactions on the Konark Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Konark is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
3. Refund shall be made in US dollars only and shall be equivalent to the Transaction Price received in US Dollars.

• For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system.
• Refund shall be conditional and shall be with recourse available to Konark in case of any misuse by Buyer.
• Refund shall be subject to Buyer complying with Policies.

1. Konark reserves the right to impose limits on the number of Transactions or Transaction Price which Konark may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator, and reserves the right to refuse to process Transactions exceeding such limit.
2. Konark reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Konark or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.

Buyer’s arrangement with Issuing Bank:

1. All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
2. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment

Digital Content Policy

You will be able to purchase DRM-encrypted digital content such as eBooks in ePub file format on the Konark Website. Such ePub files shall be provided to you as per your selection, subject to certain limitations as described herein. You shall be granted specified download rights of DRM-encrypted ePub files from the catalog of eBooks displayed on the Website. Download rights: You will need to be registered with Konark to make an ebook purchase. The eBooks which you purchase from the Konark Website shall be added in your Konark eBooks library from where you can download the eBooks onto your device(/s). Each downloaded ebook is locked to the User account and the downloader device. These downloaded eBooks cannot be transferred onto other devices. Each device used by you will have to be synced with your online eBooks library. You can sync a maximum of five (5) devices against your user account. You can download the eBooks to your mobile or tablet devices for offline reading and can read the eBooks using Adobe Reader Application http://www.adobe.com/products/digital-editions/download.html only.

Territory: Currently you can purchase downloadable eBooks only through the Website as may be made available from time to time on the Website, only within the territory stated by publisher.

DRM Specifications: The DRM (Digital Rights Management) enables us to restrict certain permissions. The Adobe DRM specifications restrict the following permissions:

Rights Granted: Upon your payment of our fees for ebook, we grant you a non-exclusive, non-transferable right to use the downloaded ebook for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use. You may store the ebook only for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use. You represent, warrant and agree that you will use the ebook only for your personal, noncommercial, entertainment use and not for any redistribution of the same or other use restricted in this Section. You agree not to infringe the rights of the copyright owners and to comply with all applicable laws in your use of the ebook. You agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use ebook. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for ebook. You acknowledge that the ebook embodies the intellectual property of a third party and is protected by law. Explicit Consent: You agree that we shall have no liability to you for ebook downloaded by You on the Website if you find the same to be offensive, indecent or objectionable. Payment: The Price List for each downloadable ebook displayed on the Website represents the full retail price (inclusive of all taxes unless specified otherwise) for said downloadable ebook. You shall pay for such downloadable ebook using one of the payment options available on the Website. The Price List mentions the prices of each downloadable ebook and the User shall pay in US Currency (i.e. US Dollars). We reserve our right to change the prices of the ebook and services and the availability of the same at our sole discretion. Konark will allow the user to buy ebook using the following forms of payments. » Credit Cards » Internet Banking » Debit Cards » any other mode of payment, as may be decided and made available on the Website. Please note that payment can be made only in US Dollars and all the above payment instruments must have been issued by entities operating in US and subject to US regulations. Payment made by credit card or any other mode as mentioned above should be received by us on time. If for any reason we do not receive payment from the credit card issuer or any agent involved in any of the above payment modes, You agree that you shall pay all amounts due upon demand by us.

All Sales Final; Downloading and Risk of Loss; Availability of eBooks. All sales of eBooks are final. We do not accept returns of eBooks. Once you have purchased eBooks, we encourage you to download it promptly. If you are unable to complete a download, please contact customer service within 30 days of the payment. The ebook will be removed from your library and the amount that was charged during the payment will be refunded in the form of store credit. The eBooks will also be replaced in cases of genuine technical errors as mentioned in the replacement policy. You bear all risk of loss after purchase and for any loss of eBooks you have downloaded, including any loss due to a computer or hard drive crash. We may, from time to time, at our sole discretion remove eBooks from the Service without notice. Intellectual Property Rights: It is hereby specifically recorded that the copyright and other Intellectual Property in the ebook available on the Website is the sole and exclusive property of third parties. We are authorised by such third parties to upload the ebook on the Website for license of use to the end customers. Intellectual Property Rights for the purpose of this Agreement shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Konark Internet Private Limited as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its licensors, as the case may be. Your request to download an ebook is personal to you, and the ebook may not be used, sold, rented, transferred, licensed or otherwise provided to any other user. The license to downloaded eBooks includes only those rights explicitly stated herein, and, for the avoidance of doubt, does not include the right to create a derivative work, to make copies, or to use the ebook in any commercial manner. You shall promptly notify us in writing upon your discovery of any unauthorized use or infringement. Software: We may make available to you, from time to time, software or updates for your use in connection with the download of eBooks (any and all such software, individually and collectively, the "Software"). You may use the Software only in connection with the download of eBooks on the Website. You may not separate any individual component of the Software for use other than in connection to the download, may not incorporate any portion of it into Your own programs or compile any portion of it in combination with your own programs, may not transfer it for use with another service, or use it, or any portion of it, over a network and may not sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. We may discontinue some or all of any Software we provide, and we may terminate your right to use any Software at any time and in such event may modify it to make it inoperable. Without limiting the Disclaimer of Warranties and Limitation of Liability in this terms of use, in no event shall our or our and/or our Digital Content providers' total liability to You for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to You through the Service (excluding the Software), exceed the amount You paid to purchase, on the Service, the Digital Content related to Your claim for damages.

Indemnity

You shall indemnify and hold harmless Konark, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Applicable Law

Terms of Use shall be governed by and interpreted and construed in accordance with the United States laws.

Trademark, Copyright and Restriction

This site is controlled and operated by Konark. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Trademark complaint

Konark respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to Konark at mail@konarkmarket.com

Product Description

Konark we do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Limitation of Liability

IN NO EVENT SHALL KONARK BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Contact Us

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website to mail@konarkmarket.com.

Grievance officer

The name and contact details of the Grievance Officer are provided below: Ms. Sandhya Andress Konark Enterprises, LLC 001-206-682-0898 (USA) Email -mail@konarkmarket.com Konark Publishers International 1507 Western Ave, #605, Seattle WA, 98101

POLICIES

Profanity Policy Konark prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area. This policy extends to text within listings, on Seller pages and all other areas of the site that another User may view. If the profane words are part of a title for the item being sold, we allow to 'blur' out the bulk of the offending word with asterisks (i.e., s*** or f***). Please report any violations of this policy to the correct area for review:

Report offensive Display Names

Report offensive language in a listing or otherwise If a feedback comment; or any communication made between Users on the Website; or email communication between Users in relation to transactions conducted on Website contain profanity, please review Our feedback removal policy and submit a request for action/removal. Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning. Konark will consider the circumstances of an alleged policy violation and the user's trading records before taking action. Violations of this policy may result in a range of actions, including:

Limits placed on account privileges; Loss of special status; Account suspension.

Email Abuse & Threat Policy Private communication, including email correspondence, is not regulated by Konark. Konark encourages its Users to be professional, courteous and respectful when communicating by email. However, Konark will investigate and can take action on certain types of unwanted emails that violate Konark policies. Such instances: Threats of Bodily Harm – Konark does not permit Users to send explicit threats of bodily harm. Misuse of Konark System – Konark allows Users to facilitate transactions through the Konark system, but will investigate any misuse of this service. Spoof (Fake) email – Konark will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through ‘Contact Us’ tab. Spam (Unsolicited Commercial email) – Konark’s spam policy applies only to unsolicited commercial messages sent by Konark Users. Konark Users are not allowed to send spam messages to other Users. Offers to Buy or Sell Outside of Konark – Konark prohibits email offers to buy or sell listed products outside of the Konark Website. Offers of this nature are a potential fraud risk for both Buyers and . Konark policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards. Violations of this policy may result in a range of actions, including:

Limits on account privileges Account suspension Cancellation of listings Loss of special status

Other Businesses

Konark does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using Website’s APIs or otherwise. In addition, the Website may provide links to the third party websites of Our affiliated companies and certain other businesses for which, Konark assumes no responsibility for examining or evaluating the products and services offered by them. Konark do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Konark does not endorse, in any way, any third party website(s) or content thereof.