Impossibles

Introduction

 

The following applies to all websites of the Phovesto Team companies, societies, associations and what so ever associated with the brand Phovesto namely its subsidiaries, co organizations and any of its entities together coined as Phovesto, Phovesto Team, Phovesto Family, etc.

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This Policy explains how Phovesto, it’s brands, along with its affiliates (hereinafter referred to as “we”, “us” or “Phovesto”), collects, uses, shares, transfers and protects the personal information of the user (hereinafter referred to as “you”) and the corresponding rights of the user. Personal information refers to any information related to a natural person that has been identified or is identifiable. Within the meaning applicable law, we will act as a data controller when we process your personal information.

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This Privacy Policy shall apply to platforms on which it is displayed, including but not limit to the Phovesto site, products, and services, and other platforms which link to this Privacy Policy. If this Privacy Policy does not cover certain specific personal information processing scenarios, we will explain it to you in the form of supplementary policies or pop-up windows.

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We shall process your personal information in different scenarios based on different legal reasons, such as performing contracts and providing products and/or services to you, based on legitimate business interests or with your prior consent, as further detailed below. You will always have the right to object to the processing of your personal information on grounds relating to your particular situation.

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Google Analytics

 

This website uses Google Analytics, a web analytics service provided by Google, Inc. (Google). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. In case of activation of the IP anonymization, Google will truncate/anonymize the last octet of the IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA. On behalf of the website provider, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage to the website provider. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of this website. Furthermore, you can prevent Google's collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available under https://tools.google.com/dlpage/gaoptout.

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Data Privacy Policy

 

By entering this website, the visitor consents to the terms of this policy. By submitting his/her Information to Phovesto, the visitor will be treated as having given his/her permission for processing the same in a manner provided in this policy. 

 

Privacy Policy

Introduction

Phovesto respects the privacy of individual/visitor and is committed to taking reasonable precautions to protect information consisting of Personal information and `Sensitive Personal Data or Information’ (SPDI) (“Information”) of visitors of this PHOVESTO websites and comply with all legal, regulatory and/or contractual obligations related to privacy.  Phovesto has adopted the “Privacy by Default” principles in its approach to data privacy i.e. privacy of data and information is upheld first by default.

This policy covers the processing, storage, and access to Information as required under lawful and/or contractual activities with Phovesto or otherwise required in the normal course of business. It describes PHOVESTO’s policies and procedures on the collection, usage, and disclosure of Information provided/received by natural persons and meets the requirements established under:

• The Information Technology Act, 2000 – Section 43A;

• The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011.

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1. Scope

 

This policy applies to all visitors of this PHOVESTO and its associated brand's website.

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2. Information covered by this Policy

 

This policy applies to information collected and processed by PHOVESTO consisting of the following:

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2.1   Personal information is information related to a visitor or a combination of pieces of information that could reasonably allow him to be identified. Personal information may consist of full name, personal contact numbers, residential address, email address, gender or date of birth. While information such as date of birth in isolation may not be enough to uniquely identify the visitor, a combination of full name and date of birth may be sufficient to do so.

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2.2   Sensitive personal data or information (“SPDI”) is such personal information that is collected, received, stored, transmitted or processed by PHOVESTO, consisting of:

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• Password;

• Financial information such as bank account or credit card or debit card or other payment instrument details;

• Physical, physiological and mental health condition;

• Sexual orientation;

• Medical records and history;

• Biometric information;

• Any detail relating to the above personal information categories as provided to PHOVESTO for providing service; and

• Any of the information received under the above personal information categories by PHOVESTO for processing, stored or processed under lawful contract or otherwise.

 

Please note that any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force shall not be regarded as sensitive personal information.

 

3. Purpose

 

PHOVESTO shall collect and use Information for legitimate business purposes in order:

• that a visitor may download product information, order products and take advantage of certain other features of PHOVESTO’s website;

• to provide information or interactive services through this website, to the visitor’s e-mail address or, where the visitor wishes it to be sent by post, to the visitor’s postal address;

• to seek the visitor’s feedback or to contact the visitor in relation to the services offered on PHOVESTO’s website;

• to process orders or applications submitted by the visitor;

• to administer or otherwise carry out PHOVESTO’s obligations in relation to any agreement that the visitor may have with PHOVESTO;

• to anticipate and resolve problems with any goods or services supplied to the visitor;

• to create products or services that may meet the visitor’s needs;

• to process and respond to requests, improve PHOVESTO’s operations, and communicate with visitor/s about PHOVESTO’s products, services and businesses; and

• to allow the visitor to subscribe to PHOVESTO’s news alerts.

 

4. Collection of Information

 

Only the minimum information required to meet the purposes mentioned in this policy shall be collected from the visitor/s. Neither PHOVESTO nor its representatives shall be responsible for the authenticity of such Information provided by the visitor/s. As a normal business practice, PHOVESTO may collect Information in order to enable secure online authentication, interaction and transaction with natural persons. This may include the installation of cookies and the collection of other session data.

 

5. Access, Correction of Information and withdrawal of consent    

    

Any modifications/corrections required to the Information can be carried out on the website. In the event the visitor is unable to do so due to lack of functionality in PHOVESTO’s website and/or the visitor wants to withdraw his / her consent to provide SPDI, he/she may contact the Grievance Officer, the details whereof are provided in clause 8 of this policy.

 

6. Retention, Processing, and storage of Information:

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6.1   PHOVESTO shall retain Information for only as long as necessary to meet legal or regulatory requirements or for legitimate business purposes as mentioned in this policy.

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6.2   PHOVESTO has implemented required security practices and standards in line with the global standards and has a comprehensive documented information security program and policy in place, which contains managerial, technical, operational and physical security control measures that commensurate with the information assets being protected with PHOVESTO’s nature of business. It is being reviewed periodically to keep pace with business, technology, and regulatory changes.

 

7. Disclosure of Information

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7.1   PHOVESTO shall not use or disclose Information for purposes other than as mentioned in this policy, except with the consent of visitors providing such Information or as required by law.  However, PHOVESTO may be legally required to disclose the Information in the following cases:

• Where the disclosure is necessary for compliance of a legal obligation;

• Where mandated under the law by government agencies to disclose such information.

 

7.2   Where necessary, PHOVESTO may disclose Information to business partners or third parties during the normal course of business for the purposes mentioned in this policy.  In such cases, PHOVESTO will only share Information related data when PHOVESTO is assured that:

• The Information is processed legitimately and appropriately by the business partner or third party in line with the established consent or in line with legal requirements.

• The business partner or third party has adopted a reasonable and equivalent level of security practices and procedures to ensure the security of the information shared.

 

8. Feedback or Concern

 

For feedback or concern, if any, kindly contact :

 

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Legal Notice

Terms and Conditions

 

VISITORS TO THIS WEB SITE ARE BOUND BY THE FOLLOWING TERMS AND CONDITIONS ("TERMS") SO PLEASE READ THESE CAREFULLY BEFORE CONTINUING TO USE THIS SITE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT USE THIS SITE. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT [phovesto@gmail.com]

Disclaimer of Warranties, Inaccuracies or Errors | Phovesto Disclaimer | Availability | Third Party Interaction and Links to Third Party Sites | Copyrights | Trademarks | General Terms and Conditions | Applicable Law and Jurisdiction |

Disclaimer of Warranties, Inaccuracies or Errors

1. Although Phovesto tries to ensure that all information and recommendations, whether in relation to the products, services, offerings or otherwise (hereinafter "Information") provided as part of this website are correct at the time of inclusion on the web site, Phovesto does not guarantee the accuracy of the Information. Phovesto makes no representations or warranties as to the completeness or accuracy of Information.

2. Phovesto makes no commitment to update or correct any Information that appears on the Internet or on this web site.

3. Information is supplied upon the condition that the persons receiving the same will make their own determination as to its suitability for their purposes prior to use or in connection with the making of any decision. No Information at this web site shall constitute an invitation to invest in Phovesto or any affiliates. Any use of this website or the Information is at your own risk. Neither Phovesto and Phovesto affiliates, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or Phovesto upon, this website or the Information, or any website linked to this website.

4. Nothing contained herein is to be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and Phovesto makes no representation or warranty, express or implied that the use thereof will not infringe any patent, or otherwise.

THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, WITHOUT ANY WARRANTY. PHOVESTO, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WITH RESPECT TO THE WEBSITE, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. PHOVESTO WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF PHOVESTO HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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Phovesto Disclaimer

 

Phovesto companies have their own separate identities but in this web site, we may sometimes use "Phovesto", "Group", "we" or "us" when we refer to Phovesto companies in general or where no useful purpose is served by identifying any particular Phovesto company.

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Availability

 

1. Phovesto controls and operates this web site from India and makes no representation that the materials are appropriate or will be available for use in other locations. If you use this website outside of India, you are entirely responsible for compliance with all applicable local laws.

2. Phovesto has several websites offering products, services, content and various other functionalities (collectively the "Services") to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws, shipment, and other considerations. Phovesto does not make any warranty or representation that a user in one region may obtain the Services from the Phovesto site in another region and Phovesto may cancel a user's order or redirect a user to the site for that user's region if a user attempts to order Services offered on a site in another region.

3. Information that Phovesto publishes on the World Wide Web may contain references or cross-references to Phovesto products, programs, and services that are not announced or available in your country. Such references do not imply that Phovesto intends to announce such products, programs or services in your country. Consult your local Phovesto business contact for information regarding the products, programs, and services that may be available to you.
 

Third-Party Interaction and Links to Third Party Sites

 

1. In your use of the web site, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of the web site. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that Phovesto has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

2. This website may be linked to other websites on the World Wide Web that are not under the control of or maintained by Phovesto. Such links do not indicate any responsibility or endorsement on our part for the external website concerned, its contents or the links displayed on it. These links are provided only as a convenience, in order to help you find relevant websites, services and/or products that may be of interest to you, quickly and easily. It is your responsibility to decide whether any services and/or products available through any of these websites are suitable for your purposes. Phovesto is not responsible for the owners or operators of these websites or for any goods or services they supply or for the content of their websites and does not give or enter into any conditions, warranties or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external web site to which this web site includes a link infringes the intellectual property rights of any third party).
 

Copyrights
 

1. This web site contains material, including text, graphics, and sound, which is protected by copyright and/or other intellectual property rights. All copyright and other intellectual property rights in this material are either owned by Phovesto or have been licensed to Phovesto by the owner(s) of those rights so that it can use this material as part of this web site. Phovesto retains copyright on all Information, including text, graphics and sound and all trademarks displayed on this web site are owned by Phovesto and used under license by Phovesto affiliates.

2. You may :
 

• use and display the materials only on your personal computer only for personal use. Phovesto grants you a limited, personal, non-exclusive and non-transferable license only for such use.
   

• print copies of the information on this site for your personal use and store the files on your computer for personal use.
   

3. You may not
 

• copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in the web site except as set out under "You may". These restrictions apply in relation to all or part of the material on the web site;
   

• copy and distribute this information on any other server, or modify or re-use text or graphics on this system or another system. No reproduction of any part of the web site may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or web site, whether in hard copy or electronic format, including postings to any other web site.
   

• remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from the web site; link to this web site; without our express written consent.
   

Trademarks

 

The Phovesto™ and all products and logos denoted with TM or R are trademarks or registered trademarks of Phovesto or its affiliates. Phovesto trademarks may not be used in connection with any product or service that is not a Phovesto product or service.
 

General Terms and Conditions
 

1. Phovesto does not routinely monitor your postings to the web site but reserves the right to do so. However, in our efforts to promote good citizenship within the Internet community, if Phovesto becomes aware of inappropriate use of the web site or any of its Services, Phovesto will respond in any way that, in its sole discretion, Phovesto deems appropriate. You acknowledge that Phovesto will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, Phovesto will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

2. Submissions and unauthorized use of any materials contained on this web site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall indemnify and hold Phovesto and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the web site or the use of the web site by any person using your user name and/or password (including without limitation your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the rights of any third party.

3. Phovesto reserves the right to terminate access to this web site at any time and without notice. Further, this limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials.

4. Phovesto may change the terms and conditions and disclaimer set out above from time to time. By browsing this web site you are accepting that you are bound by the current terms and conditions and disclaimer and so you should check these each time you revisit the web site.

5. Phovesto may change the format and content of this web site at any time.

6. Phovesto may suspend the operation of this web site for support or maintenance work, in order to update the content or for any other reason.

7. Personal details provided to Phovesto through this web site will only be used in accordance with our privacy policy. Please read this carefully before going on. By providing your personal details to us you are consenting to its use in accordance with our privacy policy.

8. If you have a question or complaint, please contact us at [phovesto@gmail.com]

9. Phovesto reserves all other rights
 

Applicable Law and Jurisdiction
 

These terms and conditions are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these terms and conditions or any dispute arising in relation to the web site whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at Chennai, India for the resolution of all such disputes.

 

User Agreement

You are welcome to register a Phovesto account, access our web pages or use our products or services! Before you access our web pages, and experience or use our products or services, please carefully read and understand this User Agreement (the “Agreement”). Once you check the box which indicates that you have agreed to the contents of this Agreement and clicks the “Register” button or continue to access our web pages and use our products or services, you will be deemed to have read and accepted this Agreement, and this Agreement will be legally binding and constitute a legal document which regulates the rights and obligations between you, Phovesto, and its affiliated companies (hereinafter referred to as “Phovesto or “we” or “us”) when you use our products or services. This Agreement shall apply to only Phovesto’s website, community and other products and services, which display or are linked to this Agreement.

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I. Agreement Overview

 

1.1 The main contents contained herein include the registration and use of the account, intellectual property rights, and privacy protection, termination of services, liability exemption, legal liability, application of the law, jurisdiction, information feedback, notification service, etc. When registering a Phovesto account, and accessing or using our products or services, you shall also comply with our other related agreements (if any), for example, Phovesto Privacy Policy, Use of Cookies, Term of Sales, Community Terms and Rules, etc. If you refuse to accept the contents contained herein, please not click the “Register” button, nor access or experience or use in any other way our products or services.

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1.2 You know and agree that this Agreement may be amended by Phovesto, but such amendments are aimed at providing better services to you or is made in accordance with mandatory provisions of laws and regulations. Occasionally, amendments to the wording of this Agreement may be made in order to enhance the legibility. If any material amendment is made to this Agreement, which reduces or abridges your rights or interests, Phovesto will notify you via the contact details you have provided or through public announcement. If, after receiving the above amendment notification, you continue to use Phovesto’s products or services, you will be deemed to have known such amendment and agree to be bound by the terms thereof.

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1.3 Our products and services are mainly targeted at adults. If you are a minor, please experience or use our products and services with the consent of your parent or legal guardian.

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II. Registration and Use of Phovesto Account

 

2.1 Phovesto account refers to the identification tool which is owned and managed by Phovesto and which is used for verifying the identity of and providing services to, the user. As a registered user, you only have the right to use the Phovesto account registered in your own name. You may access our web pages and experience our products and services without the need to register a Phovesto, but you can enjoy more services and experiences by registering for a Phovesto account. For example, you can receive the latest information on Phovesto; participate in Phovesto activities; upload your personal photos; share comments and feedback, and purchase Phovesto goods through your Phovesto account.

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2.2 You warrant that the information you have provided when registering your Phovesto account is accurate, truthful, legal, and valid and belongs solely to you. If any of the above information changes after you have registered for your Phovesto account, you will be responsible for logging into your Phovesto account to update your information in a timely manner.

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2.3 Your Phovesto account serves as verification to enable you to experience the services on the Phovesto platform. You must safeguard your Phovesto account details and password. If the password to your Phovesto account is lost, you can contact us and retrieve your password. If you find that another person is using your Phovesto account without your permission, please notify us immediately. We will work with you to address such problems so as to avoid or mitigate any loss.

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2.4 When using your Phovesto account, in addition to local, regional and national laws and regulations, you shall act in a way that is consistent with public morality and common decency. You shall not take any actions, or cause any actions to be taken, which infringe upon the lawful rights and interests of any third party. Further, you may not use your Phovesto account to advertise; sell goods or services; or engage in any other commercial activities. You shall be responsible for all acts related to your Phovesto account unless you are able to provide contrary evidence demonstrating that such acts were not carried out by you.

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2.5 You agree that when you use your Phovesto account to receive services provided by Phovesto, Phovesto, or any of Phovesto’s third-party partners, is permitted to send any commercial or non-commercial information to the contact details you have provided or directly through the Phovesto account in a manner consistent with applicable law.

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2.6 Fees: you need to use a mobile phone, computer or other terminal devices to connect to the Internet before you can use your Phovesto account. In the process, you may be required to pay network connection fees, mobile phone data fees, or other expenses. If you purchase goods through your Phovesto account, you will likely be required to make payment through a third party payment provider such as a credit card or other financial services provider, which may charge you a fee. You will be responsible for any such fees.

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III. Intellectual Property Rights and Privacy Protection

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3.1 All intellectual property rights in the Phovesto website, including but not limited to copyright to the software, and any imagery, shall vest solely with Phovesto. The intellectual property rights of the whole contents of Phovesto’s network platform and Phovesto account shall be owned by Phovesto, except for the contents to which you enjoy copyright under the relevant law. Phovesto owns or has obtained legal authorization of all design drawings involved in the Phovesto network platform and Phovesto account and other drawings, products, and service names. Without Phovesto’s prior written consent, you may not duplicate, issue, exhibit, translate, compile, or through information network spread, the above drawings, products, and service names, or use the same for any purposes.

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3.2 You shall own all intellectual property rights in the words, pictures, music, videos, software, and other information published you have uploaded using your Phovesto account while using Phovesto services. You hereby agree to grant to Phovesto a non-exclusive, perpetual, irrevocable right to use (including but not limited to the rights to duplicate, issue, exhibit, translate, compile, or spread through information network, etc.) the above information. You further agree that Phovesto may sublicense such rights. If you discover that there are any unsigned works on the Phovesto platform, and you are the author or rightsholder please promptly contact us. We will consider your request and properly deal with such a problem as quickly as possible.

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3.3 You warrant that you are the copyright owner of or have obtained legal authorization of the information published and uploaded by you by using your Phovesto account at the time of your use of Phovesto services, and such information will not infringe upon the lawful rights and interests of any third party. If any third party raises a lawful and reasonable objection to the above information, Phovesto reserves the right to delete relevant information based on the circumstances, and take appropriate legal action to hold you accountable.

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3.4 Phovesto values your privacy. We will make every reasonable endeavor to protect your privacy. In the course of your use of your Phovesto account, we may collect, store, dispose of, share, and use your personal information and non-personal information. Any matter related to privacy protection shall be addressed in accordance with Phovesto’s Privacy Policy.

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IV. Service Termination

 

4.1 In order to make full use of the resources available through your Phovesto account, if you fail to activate your Phovesto account after submitting your information; fail to initially log in and use your Phovesto account in a timely manner after registering your Phovesto account, or fail to log in and use your Phovesto account within designated continuous period of time, or violate the terms of this Agreement, Phovesto shall have the right to terminate the use of your Phovesto account and discountinue its provision of services to you.

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4.2 You understand and agree that Phovesto shall have the right to temporaPhovestoy or permanently terminate all or part of the services at any time in accordance with its own business needs. If such termination materially affects your rights or interests, Phovesto will provide you with a written notice via the contact details you have provided. You shall take proper measures to address any virtual property involved in your Phovesto account within seven (7) working days of the receipt of the above notice. If you fail to do so in accordance with the methods prescribed by Phovesto in a timely manner, you shall solely assume all related liabilities.

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V. Disclaimer

 

5.1 Phovesto explicitly disclaims all warranties with respect to the accuracy, truthfulness, and completeness of any information contained on the Phovesto website. If you intend to take any actions based on the above “information”, you shall be solely responsible for distinguishing the accuracy and truthfulness of such information and shall be responsible for taking reasonable measures to mitigate any such risk. Phovesto shall not be responsible for the consequences arising from your acts. When receiving the services from Phovesto, you may come into contact with uncomfortable or offensive information. In no event shall Phovesto be liable for any such information. However, Phovesto will deal with the said information as soon as practicable possible upon discovery. Phovesto shall not be held liable for any losses or damages arising from or relating to your use of the website not directly associated with Phovesto, whether direct, indirect, accidental, special, consequential, or punitive.

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5.2 Given the special nature of Internet services, you understand and agree that under none of the following circumstances shall Phovesto be held liable for your losses (including but not limited to property loss, earning loss, loss of data, etc., or other intangible losses):

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1. If Phovesto system fails and cannot normally operate due to an event of force majeure, including but not limited to an earthquake, tsunami, typhoon, flood, coup, war, terrorist attack, sudden power failure, the strike of workers, etc.;

2. If the services provided by Phovesto platform are suspended or delayed due to hacker attack, computer virus, Trojan Horse and/or any other malicious programs;

3. If the services provided by Phovesto platform are suspended or delayed due to technical adjustments or malfunctions, or system maintenance, etc. of telecommunication departments and network operators;

4. If the services provided by Phovesto platform are delayed, suspended or terminated due to the change of laws and regulations, or order and ruling of judicial authorities, administrative organs, and other departments, etc.;

5. If you suffer losses due to your use of your Phovesto account in violation of relevant provisions, or you use your account improperly.

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VI. Liability for Breach of Contract

 

6.1 If Phovesto finds or receives complaints or reports from others that you have violated any provisions of this Agreement, Phovesto shall, without prior notice, have the right to at any time delete and shield the relevant information you have published or uploaded. Depending on the severity of circumstances, Phovesto reserves the right to impose punishment against you, including but not limited to warning, restriction on, or prohibition of, your use of all or part of functions, account closure until account cancellation, or other appropriate actions such as providing public warnings. You shall solely be held responsible for any related losses

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6.2 If your acts cause losses to Phovesto, including but not limited to direct losses, reputation losess, third party penalties, claims, etc., Phovesto shall have the right to seek indemnity from your for any such losses it has experienced.

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6.3 If any dispute between you and a third party occurs due to your violation of the provisions of this Agreement, you shall be solely responsible for all related consequences, and indemnify and hold Phovesto harmless. In such a case, Phovesto has no obligation to assist you in settling such dispute and you shall not involve Phovesto in any such settlement.

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6.4 Limitation on Liability: For any loss (regardless of the type of loss) you suffer for whatever reason in the course of your use of your Phovesto account, in no event shall Phovesto be held liable for damages in excess of the price you have paid to Phovesto, unless otherwise expressly provided for under applicable laws or regulations.

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VII. Applicable Law and Dispute Resolution

 

7.1 Any issue arising from or relating to this Agreement, including its execution, performance or lack thereof, interpretation, or the settlement of related disputes shall be governed by the laws of the People's Republic of China, without regard to the conflict of law provisions. If there is any conflict between a provision of this Agreement and laws and regulations, the laws and regulations shall prevail. If a provision of this Agreement is held invalid, the validity of the remaining provisions hereof shall not be affected.

7.2 Any dispute arising from the performance of this Agreement shall be settled by the Parties through friendly consultation. If no settlement can be reached through friendly consultation, either Party may bring a claim before a court of competent jurisdiction in the place where the defendant is located.

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VIII. Information Feedback

 

8.1 Any important from Phovesto may be sent to you via the e-mail, mobile phone number, mailing address and other contact details you provided when you registered your Phovesto account, or by publishing such information through the Phovesto platform. Information sent by electronic communication modes shall be deemed as effectively given at the time received on your electronic equipment. Information sent by courier shall be deemed as effectively given on the third (3rd) day after it is sent by courier service.

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8.2 If you have any opinions, advice or doubts with respect to this Agreement or our products or services, please provide us with feedback regarding the same at any time. Our contact information is as follows:

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1. E-mail Address: phovesto@gmail.com;

2. Mailing Address: 29/9, Min Nagar 2nd cross, R.K Road, Hosur, Tamilnadu, India-635109;

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