My Presets

Terms And Conditions

TERMS OF SERVICE

Effective Date: 25th May 2023

This website is operated by QMedia, a partnership firm registered under the provisions of the Partnership Act, 1932 under the domain “www.mypresets.in” (collectively “Mypresets”/ “we”/ “our”/ “us”). QMedia offers this website and marketplace (Collectively referred to as “Platform”), including all information, tools and services available from this Platform to you, the user, conditioned upon your acceptance of all Terms, conditions, policies and notices stated here.
By visiting our Platform and/ or purchasing any digital assets (“Products”) from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Platform, including without limitation users who are browsers, sellers, customers, merchants, and/ or contributors of content (“Users” / “you” / “your”).
Please read these Terms of Service carefully before accessing or using our Platform. By accessing or using any part of the Platform, you agree to be bound by these Terms of Service. If you do not agree to all the Terms and conditions of this agreement, then you may not access the Platform or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
SECTION 01 - TERMS AND CONDITION

1. YOUR ACCEPTANCE
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Platform.
You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services and we may additionally take necessary legal actions if required.
2. GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Platform through which the service is provided, without express written permission from us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3. ACCURACY, COMPLETENESS AND TIMELESSNESS OF INFORMATION
In consideration of your use of our Platform, you agree to provide true, accurate, current and complete information about yourself as prompted by our registration form (such information being "Data"), maintain and promptly update your Data to keep it true, accurate, current and in complete compliance with these Terms.
If you provide any information that is untrue, inaccurate, not current, incomplete or misleading, or if we believe that such information is untrue, inaccurate, not current incomplete or misleading, then we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the our Products, without any liability to you.
We are not responsible if information made available on this Platform is not accurate, complete or current. The material on this Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Platform is at your own risk.
This Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Platform at any time, but we have no obligation to update any information on our Platform. You agree that it is your responsibility to monitor changes to our Platform.
4. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our Products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

5. PRODUCTS OR SERVICE (If applicable)
Products or services are subject to return or exchange only according to our Refund Policy. We have made every effort to display as accurately as possible the colour and templates of our Products that appear on our Platform. We cannot guarantee that your computer monitor's display of any colour will be accurate. All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. We do not warrant that the quality of any Products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same email address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail /phone number provided at the time the order was made. You agree to provide current, complete and accurate purchase and account information for all purchases made at our Platform. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy.
7. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use of optional tools by you, offered through the Platform is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the Terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
8. CONDUCT
You may only access the content on the Platform for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Products on the Platform.
You agree not to use our Products or the content to recruit, solicit, or contact in any form instructors or potential users for employment or contracting for a business not affiliated with us without our written permission in advance, which may be withheld in our sole discretion. You assume all and/or any risks from any meetings or contact between you and any instructors or other users of the Products.
In using our Platform and Services, you agree to follow our code of conduct. Violation of our code of conduct may result in the immediate removal of your access to the Platform.
9. THIRD PARTY LINKS
Certain content, Products and Services available via our Service may include materials from third-parties.
Third-party links on this Platform may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
10. REGISTRATION
To use certain Products on our Platform, you will need to register and obtain an account that includes username and password. When you register on our Platform, the information you provide to us during the registration process will help us in offering relevant content, customer service, and network management.
You are solely responsible for maintaining the confidentiality of your account, username, and password (collectively, your “Account”) and for all activities associated with or occurring under your Account. You warrant and represent that your Account information will be accurate at all times. You must notify us (a) immediately of any unauthorized use of your Account and any other breach of the security of your Account, and (b) ensure that you exit from your Account at the end of every use of the Products. You may not transfer your Account to any other person or company and you may not use someone else’s Account at any time without the permission of the account holder.
In cases where you have authorized or registered another individual, including a minor, to use your Account, you will be fully responsible for (i) the conduct of such user on the Platform; (ii) controlling the user’s usage and access to the Products; and (iii) the consequences of any misuse with the account or content.
We cannot and would not be responsible for any loss or damage arising from the failure to comply with the foregoing requirements or as a result of use of your Account, either with or without your knowledge, prior to you notifying us of unauthorized access to your Account.
11. CONTENT, LICENSES AND PERMISSIONS
All technology, software, materials, information, designs, text, links, communications, graphics, animations, electronic art, photographs, illustrations, artwork, audio clips, video clips, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is “Content.”
Where we provides Content to you in connection with the Products or Services, including, without limitation, the software and the Products and the Platform, it is “Mypreset’s Content.”
Content uploaded, transmitted or posted to the Platform or through the Products by a user or merchant is “Submitted Content.” Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third-party providers and suppliers) and is protected, without limitations.
You hereby warrant and represent that you have all the licenses, rights, permissions, permits, and consents, necessary to grant the rights set forth in these Terms to with respect to your Content and that we shall not need to obtain any licenses, consents, rights, permits, or permissions from, or make any payments to, any third party for use and/ or exploitation of your Content as authorized in the Terms mentioned here or have any liability to you or any other party as a result of any use or exploitation of your Content as authorized in these Terms.
All other uses are expressly prohibited to use our content or submitted content unless with our express written consent. You may not distribute, reproduce, assign, transmit, rent, sell, broadcast, lend, share, adapt, modify, edit, create derivative works of, license, or otherwise transfer or use any Content or our Content unless we give you explicit permission to do so. Content as submitted on the Platform and our Content is licensed, and not sold, to you.
If you believe that your Content violates any law or regulation or is inaccurate or poses any risk whatsoever to a third party, it is your responsibility to take such steps you deem necessary to correct the situation.
If you believe that Content of a third party or any of our Content violates any laws or regulations, including, without limitation, any copyright laws, you should report it to us immediately.
All rights not expressly granted in these Terms are retained by the Content owners and these Terms do not grant any implied licenses.
12. INTELLECTUAL PROPERTY
The Platform and its original content, features and functionality are owned by us and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Please review our Intellectual Property Policy for further details.
13. USE OF COOKIES
We use cookies to store visitors' preferences and to record session information, for purposes including ensuring that visitors are not repeatedly offered the same content based on browser type and user profile information.
We do not link the information we store in cookies to any personally identifiable information you submit while on our Platform.
You may be able to configure your browser to accept or reject all or some cookies, or to notify you when a cookie is set. However, you must enable cookies from us in order to use most functions on the Platform. For more information, kindly review to our Cookie Policy.
14. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Platform. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
15. PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. For more details, please review our Privacy Policy.
16. ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our Platform or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and Product availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Platform is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related Platform, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Platform, should be taken to indicate that all information in the Service or on any related Platform has been modified or updated.
17. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Platform for any purposes mentioned under our Acceptable Use Policy(AUP). We reserve the right to terminate your use of the Service or any related Platform for violating any of the prohibited uses. For more details, please review our Acceptable Use Policy.
18. DISCLAMER OR WARRANTIES
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
For more details, kindly review our Disclaimer.
19. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MYPRESETS, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER-GENERATED CONTENT OR ANY OTHER CONTENT AVAILABLE AT MYPRESETS’ PLATFORM, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR MYPRESETS’ PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE MYPRESETS’ PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR MYPRESETS’ PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER-GENERATED CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MYPRESETS’ PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MYPRESETS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, MYPRESETS AND ITS AFFILIATES LIMIT THEIR LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO SUPPLYING YOU THE MYPRESETS’ PLATFORM AGAIN.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE MYPRESETS’ PLATFORM SHALL NOT BE LIABLE FOR USER- GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE MYPRESETS’ PLATFORM IS CONTROLLED AND OFFERED BY MYPRESETS. MYPRESETS’ MAKES NO REPRESENTATIONS THAT THE MYPRESETS’ PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE MYPRESETS’ PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
20. INDEMNIFICATION
You agree to indemnify, defend and hold harmless us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
21. SERVARBILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
22. TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Platform.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
23. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Platform or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
24. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the Courts at Surat, Gujarat, India.
In the event of any dispute arising out of this Terms, the parties in connection of the dispute shall conduct negotiations in good faith to solve such dispute. If mutual resolution cannot be reached within 15 (fifteen) days after the commencement of such negotiations, the parties shall refer such dispute to a sole arbitrator. The arbitration proceedings shall be governed in accordance with the Arbitration and Conciliation Act, 1996 and rules framed thereunder. The venue, place and seat of the arbitration shall be Surat, Gujarat and the language of the arbitration proceedings shall be English or Hindi or Gujarati. The award rendered shall be in writing, and shall set out the reasons for the sole arbitrator’s decision. The award shall allocate or apportion the costs of the arbitration as the sole arbitrator deems fair. Any award made in such arbitration will be final and binding on the parties. This Terms, and the rights and obligations of the parties shall remain in full force and effect pending the award in such arbitration proceeding, which award, if appropriate, shall determine whether and when, any termination shall become effective.
25. CHANGES TO TERMS OF SERVICE
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Platform. It is your responsibility to check our Platform periodically for changes. Your continued use of or access to our Platform or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 02 - POLICIES

1. DISCLAIMER POLICY

The following disclaimer governs your use of Mypresets.in ("we," "us," or "our"). By accessing and using our website (“Platform”), you acknowledge and agree to the terms and conditions stated in this disclaimer. If you do not agree with any part of this disclaimer, please refrain from using our Platform.
1. NO WARRANTIES
The information and materials provided on our Platform are for general informational purposes only. We make no warranties or representations, express or implied, regarding the accuracy, completeness, reliability, suitability, or availability of the information, products, services, or related graphics contained on the Platform for any purpose. Any reliance you place on such information is strictly at your own risk.
2. PRODUCT INFORMATION
While we strive to provide accurate and up-to-date information regarding the products listed on our Platform, we do not warrant or guarantee the accuracy, completeness, or reliability of any product descriptions, specifications, pricing, or other information provided. It is your responsibility to verify the accuracy and suitability of any product before making a purchase. We reserve the right to modify or update product information without prior notice.
3. THIRD-PARTY LINKS
Our Platform may contain links to third-party websites that are not owned or controlled by us. We have no control over the content, privacy policies, or practices of these websites and therefore cannot be held responsible or liable for any information, materials, products, or services provided by them. The inclusion of any third-party links does not imply our endorsement or affiliation with those websites.
4. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, we shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or related to your use of our Platform. This includes, but is not limited to, loss of profits, data, or other intangible losses, even if we have been advised of the possibility of such damages. This limitation of liability applies regardless of the form of action, whether in contract, tort, negligence, strict liability, or otherwise.
5. INDEMNIFICATION
You agree to indemnify, defend, and hold us harmless from any claims, damages, losses, liabilities, costs, or expenses (including legal fees) arising out of or related to your use of our Platform, your violation of any terms of this disclaimer, or your infringement of any intellectual property or other rights of any third party.
6. CHANGES TO THE DISCLAIMER
We reserve the right to modify or update this disclaimer at any time without prior notice. Any changes will be effective immediately upon posting on our Platform. It is your responsibility to review this disclaimer periodically to stay informed of any updates.
7. SEVERABILITY
If any provision of this disclaimer is found to be unlawful, void, or unenforceable, the remaining provisions shall remain in full force and effect.

This disclaimer sets forth the terms and conditions governing your use of our Platform. By accessing and using our Platform, you agree to be bound by this disclaimer. If you have any questions or concerns regarding this disclaimer, please contact us at hello@mypresets.in

2. ACCEPTABLE USE POLICY (AUP)

This Acceptable Use Policy (“Policy”) outlines the guidelines and rules for the acceptable and responsible use of Mypresets (“our” “we” or “us”) website and marketplace (Collectively referred to as “Platform”) for selling digital assets. We may modify this Policy by posting a revised version on our Platform. By accessing our Platform, you agree to the latest version of this Policy.
You may not use, facilitate or allow others to use, our Platform:
for any illegal or fraudulent activity/products;
to violate the rights of others;
to threaten, incite, promote or actively encourage violence, terrorism, or other serious harm;
for any content or activity that promotes child sexual exploitation or abuse;
to promote or condone hate or violence against people based on race, ethnicity, colour, national origin, religion, age, gender, sexual orientation, disability, medical condition, veteran status, or other forms of discriminatory intolerance;
to upload digital assets that contain viruses, malware, or any other malicious software;
to list, sell, or distribute counterfeit or unauthorized copies of digit assets;
to violate the security, integrity, or availability of any user or network;
to distribute, publish, send, or facilitate the sending of unsolicited mass email or other messages, promotions, advertising, or solicitations (or “spam”)
to offer products, or post or upload material, that promotes self-harm.
INVESTIGATION AND ENFORCEMENT
We may investigate any suspected violation of this Policy, and remove or disable access to any content or resource that violates the Policy. You agree to cooperate with us to remedy any violation.
When determining whether there has been a violation of this Policy, we may consider your ability and willingness to comply with this Policy.

REPORTING OF VIOLATIONS
To report any violation of this Policy, please write to us at hello@mypresets.in.
We reserve the right to modify or update this Policy at any time without prior notice. Any changes will be effective immediately upon posting on Platform. It is your responsibility to review this Policy periodically to ensure compliance.

3. PRIVACY POLICY

This Website and its content are owned by QMedia, a partnership firm registered under the provisions of the Partnership Act, 1932 under the domain “www.mypresets.in” (collectively “Mypresets”/ “we”/ “our”/ “us”). We are into the business of Post Production of Videos (“Business”). We take data privacy very seriously and recognizes the importance of protecting and respecting your personal data. This Privacy Policy (“Policy”) tells you about your rights under applicable privacy laws. This Policy has been framed in accordance with the Information Technology Act of 2000 and the rules enacted there under as amended from time to time (“IT Act”). This Policy governs how Mypresets collects, uses, retains and transfers personal information from its users, sellers or visitors (each referred to as “User”/ “you”/ “your”) through its website “https://www.mypresets.in”, online marketplace (hereinafter collectively referred to as “Platform”) and digital assets such as lightroom presets, photoshop actions, LUTs, video templates, graphics and much more (herein collectively referred to as “Products”),
Mypresets may update this Policy from time to time by updating this page. Kindly refer to this Policy from time to time to ensure that you are aware with the changes made.
GENERAL DISCLAMER
This Policy applies to all the Products and services offered on our Platform and describes what information may be collected from you, on or through our website, and how we use, process, disclose and try to protect such information. By visiting our Platform, you agree and understand that all the information collected and processed on the Platform is collected and processed by
us strictly in relation to our Business.
NOTE: By using our Platform, or the services, you confirm that you have read, understood and agreed with the privacy practices as described in this Policy, the Terms of Use (the “Terms”) and the collection, storage and processing of your information in accordance with these Terms and Policy.
INFORMATION COLLECTED BY US
We may collect and process the following information about you:
Registration Data
In order to use our services, we may ask you to register on our Platform. When you register, you will be asked to create an account using your mail address and password (“Login Credentials”). We do not encourage to share your Login Credentials with anybody. We shall not be responsible for any loss of information/ data if the Login Credentials are shared by you to anybody else.
Personal Identification Information
We may collect personal identification information from you in a variety of ways, including, but not limited to, when you visit our Platform, register on the Platform, place an order, fill out a form, and in connection with others activities, services, features or resources we make available on our Platform. You may be asked for, as appropriate, for the following information:
Contact information, such as name, email address, display picture, mailing address, phone number, IP address, geographic location, or phone number.
Information to enable us to check and verify your identity, e.g. your date of birth.
Billing Information, such as debit card number, credit card number and billing address. Please note that we do not store any card information (other than the last 4 digits of your card) in our servers.
Unique Identifiers, such as username or password.
Reviews or ratings, account settings, (including preferences set in the “Account” section of our Platform); and information provided to us through our service, or interaction with our customer service.
You may, however, visit our Platform anonymously. We shall collect personal identification information from you only if you voluntarily submit such information to us. You can always refuse to provide/ submit personal identification information. By refusing to provide such information you may be prevented from engaging in certain activities on our Platform.
Non-Personal Identification Information
We may collect non-personal identification information about you whenever you interact with our Platform. Non-personal identification information may include the browser name, the type of computer, and technical information about means of connection to our Platform, such as the operating system and the internet service providers utilized and other similar information.
Web Browser Cookies
Our Platform may use “Cookies” (governed by our Cookie Policy) to enhance your experience. You may choose to refuse our Cookie Policy, or to alert you when cookies are being sent. By not accepting the Cookie Policy you may be denied access certain parts/activities on our Platform.

Communications Data
We may collect any personal data that you include in your communication when you communicate with us.
Usage Data
We collect certain usage information and data when you interact with our Platform and services. Usage Data that we collect consists of information about your interactions with the Platform or services, including information about the device used by you to interact with or access the Platform or services, including, without limitation, IP address, access dates and times, information about your approximate location (as determined through your IP address), mobile device information, device event information, crash data, and log data when you access and use the Platform or services, track the total number of visitors to Platform and services and login times.
Aggregate Data
With the Registration Data, Communications Data, Usage Data collected by us, we process “Aggregate Data”. Aggregate Data may be derived from personal information, but as it does not directly or indirectly reveal an individual’s identity the Aggregate Data is not considered as personal information under the law. In case if it is required to combine or connect Aggregate Data with personal information revealing directly or indirectly, identity of an individual, we treat such combined data as personal information, which shall be processed in accordance with this Policy.
HOW WE USE INFORMATION COLLECTED BY US.
Our primary purpose in collecting your information is to provide you with a safe, smooth, efficient and customized experience. By submitting your information to us, you agree that we may use your information for the following purposes:
Fulfilling Your Requests
We will use your information to:
Provide you with the information, Products and services that you request/purchase from us.
Complete any transaction you are undertaking with us;

Communication And Customer Service
We communicate with you on a regular basis via email to provide requested services and help you to manage your account. These activities include:
Responding to requests for customer service
Confirming information concerning your identity/ account, business or account activity.
Resolving customer complaints
Conducting customer surveys
We use your email address to:
Confirm your opening of an account on our Platform.
Send updates regarding delivery of your purchased Products.
Send you notice of account activity with our Platform (Submitting designs, their approval/rejection, or similar).
Send you information about important changes to our Products and services, including notice in case we discontinue our certain services.
Send notices and other disclosures required by law.
Service Improvements And Account Management
We will use your information to deliver and improve our Platform services and manage your account, including:
Verify your identity during account creation and password reset processes.
Improving and developing existing and new Products, services, websites, application, Platform and capabilities.
Administering our Platform and for internal business administration and operations purposes, including storage, backup, archiving, troubleshooting, data analysis, testing, research, statistical and survey purposes.
As part of our efforts to keep our Platform safe and secure, including managing and protecting our information technology infrastructure.

Personalized User Experience
We may use your information in the aggregate to understand how our Users as a group use the services and resources provided on our Platform.
Accessing And Changing Your Information
You can review the information you have provided to us and make any desired changes to your information or to the settings on your Mypresets account at any time by logging in to your account on the Platform, visiting the profile page and changing your details.

COOKIES AND WEB ANALYTICS
For more information about how we use cookies, web beacons and similar technologies see our Cookie Policy here.
When you visit our Platform, there’s certain information that’s recorded which is generally anonymous information and does not reveal your identity. If you are logged into your account some of this information could be associated with your account. We are talking about the following kind of details:
your IP address or proxy server IP address’;
the domain name you requested;
the name of your internet service provider is sometimes captured depending on the configuration of your ISP connection;
the date and time of your visit to the website;
the length of your session;
the pages which you have accessed;
the number of times you access our site within any month;
the file URL you look at and information relating to it;
the website which referred you to our sites;
the operating system which your computer uses; and
the technical capabilities of your web browser.

HOW WE PROTECT YOUR INFORMATION
We adopt appropriate data collection, storage and processing practices and security measures to protect against authorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Platform.
Sensitive and private data exchange between the Platform and its users happen over a Secure Sockets Layer (SSL) secured communication channel and is encrypted and protected with digital signatures.
SHARING YOUR PERSONAL INFORMATION
We do not sell, trade, or rent your personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers. We may use third party service providers to help us operate our business and the Platform or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
DATA RETENTION POLICY
We retain data for the purposes of reporting, backup, and financial compliance for a period of up to five years. Where you have requested that we do so, we will take steps to delete your data from our system (with the exception of the required data retention for tax or financial reporting).
Where you have asked us not to contact you, we will retain that information on a ‘do not contact’ list to reduce the risk of us contacting you in the future.
SECURITY POLICY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
THIRD PARTY WEBSITES
You may find advertising or other content on our Platform that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Platform. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.

10. CHILDREN’S PRIVACY
Use of our Platform is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. We do not knowingly solicit or collect personal information from children under the age of 18 years. If you have shared any personal information of children under the age of 18 years, you represent that you have the authority to do so and permit us to use the information in accordance with this Policy.
PAYMENT PROCESSING
We use a third-party payment processor to process your payment information securely. We do not store or have access to your payment information, such as your credit card number or bank account information. The payment processor may collect and process your personal information in accordance with their own privacy policy. We encourage you to review their privacy policy before making the payment.
When you make a payment, we may receive information from the payment processor, such as payment confirmation and billing address, in order to fulfill your order. We use this information solely for the purpose of processing your payment and fulfilling your order. We do not share your payment information with any third parties except as required by law or to protect our legal rights.
YOUR ACCEPTANCE OF THESE TERMS
By visiting and using our Platform, you signify your acceptance of this Policy. If you do not agree to this Policy, please do not use our Platform. Your continued use of our Platform following the posting of changes to this Policy will be deemed your acceptance of those changes.
CHANGES TO PRIVACY POLICY
Mypresets may update or amend this Policy at any time, with or without advance notice, as new features may be added or incorporated as suggested by our customers. The current version of the Policy is reflected in the “Updated” date at the start of the Policy.
Your continued use of our Platform after a posting of a new version of this Policy will constitute your acceptance of, and agreement to, any changes. If you disagree with the terms of this Policy, you may close your account at any time.
GRIEVANCE OFFICER
In accordance with the Information Technology Act, 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Name: Nitin Khuman
Address: 610, Union Heights, near Rahul Raj Mall, Piplod, Surat, Gujarat - 395008.
Email: hello@mypresets.in
For registering your complaint, please write to the Grievance Officer at the above-mentioned email address in relation to any violation of this Policy or the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The Grievance Officer shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made thereunder.

GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

This Policy shall be governed by and interpreted and construed in accordance with the laws of India. The Place of Jurisdiction shall exclusively be in Surat, Gujarat.
In the event of any dispute arising out of this Policy, the parties in connection of the dispute shall conduct negotiations in good faith to solve such dispute. If mutual resolution cannot be reached within 15 (fifteen) days after the commencement of such negotiations, the parties shall refer such dispute to a sole arbitrator. The arbitration proceedings shall be governed in accordance with the Arbitration and Conciliation Act, 1996 and rules framed thereunder. The venue, place and seat of the arbitration shall be Surat, Gujarat and the language of the arbitration proceedings shall be English or Hindi or Gujarati. The award rendered shall be in writing, and shall set out the reasons for the sole arbitrator’s decision. The award shall allocate or apportion the costs of the arbitration as the sole arbitrator deems fair. Any award made in such arbitration will be final and binding on the parties. This Policy, and the rights and obligations of the parties shall remain in full force and effect pending the award in such arbitration proceeding, which award, if appropriate, shall determine whether and when, any termination shall become effective.

4. PROTECTION TERMS AND TERMS OF PAYMENT POLICY

This Website and its content are owned by QMedia, a partnership firm registered under the provisions of the Partnership Act, 1932 under the domain “www.mypresets.in” (collectively “Mypresets”/ “we”/ “our”/ “us”). We are committed to providing a secure and transparent platform for buying and selling digital assets (“Products”) on our website and marketplace (Collectively referred to as “Platform”). This Protection terms and Payment terms of Service (“Terms”) outlines our Protection and Payment Terms, which govern users’ (“User” / “you” / “your”) use of our services and ensure a safe and reliable transaction experience for all users.

AUTHENTICITY GUARANTEE
We strive to ensure that all digital assets listed on our Platform are authentic and accurately represented.
We conduct thorough checks to verify the authenticity of the digital assets and ensure they meet our quality standards before they are made available for sale.
In the event that you receive a digital asset that is significantly different from its description or is found to be counterfeit, please contact our customer support at hello@mypresets.in within 72 hours of purchase. We may require additional information and evidence to initiate the resolution process.
SELLER COMPLIANCE
Verification Process: We have a rigorous verification process for sellers registered with our Platform to ensure their credibility and protect buyers from fraudulent or unauthorized activities.
Review and Monitoring: We regularly review the performance and conduct of sellers on our Platform to maintain a high standard of quality and adherence to our policies.
Seller Ratings and Reviews: Buyers have the opportunity to provide ratings and reviews for sellers based on their experience. These reviews contribute to the overall transparency and accountability of our Platform.
SECURE TRANSACTIONS
Payment Security: We prioritize the security of your payment information. We employ industry-standard encryption and security measures to protect your financial details during transactions.
Payment Gateways: We partner with reputable payment gateways and service providers to ensure secure payment processing. Your payment information is handled in compliance with applicable data protection laws.
Fraud Prevention: We have systems and protocols in place to detect and prevent fraudulent activities. In the event of suspicious or fraudulent transactions, we may take appropriate action, including investigation, suspension, or termination of user accounts involved.
PRIVACY AND DATA PROTECTION
Data Confidentiality: We are committed to safeguarding your personal information and complying with applicable privacy laws and regulations.
Privacy Policy: Our Privacy Policy outlines how we collect, use, disclose, and protect your personal data. By using our services, you agree to our Privacy Policy.
LIMITATIONS OF LIABILITY
We strive to provide a secure and reliable platform, but we cannot guarantee uninterrupted or error-free operation. We shall not be held liable for any losses or damages arising from the use of our platform, except where prohibited by applicable laws.
Our liability for any claim arising out of or in connection with your use of our Platform shall be limited to the amount paid by you for the specific digital asset giving rise to the claim.
PRICING AND PAYMENT
Listing Prices: On our Platform, sellers have the responsibility of determining the prices for their digital assets. The prices shown on the listings are in Rupees (currency), unless the seller specifies otherwise. It's important to note that these prices may not encompass taxes or any additional fees.
Currency Conversion: If your payment currency differs from the seller's listing currency, currency conversion fees may apply. The actual converted amount may vary due to exchange rates and fees imposed by payment processors or banks.
PAYMENT METHODS
Available Payment Methods: We provide multiple payment methods to facilitate transactions, including credit/debit cards, electronic wallets, or other payment gateways. The available payment methods may vary depending on your location.
Payment Processing: By initiating a purchase, you authorize us to charge the total amount due from your selected payment method. You must ensure that you have sufficient funds or credit available to complete the transaction.
TRANSACTION FEES
Our Service Fees: We may charge transaction fees for the use of our Platform and services. The applicable fees will be clearly communicated to you during the checkout process or in the pricing information provided by the seller.
Additional Fees: You may be responsible for paying any additional fees imposed by payment processors, banks, or financial institutions involved in the transaction. These fees are beyond our control and will be determined by the respective service providers.
REFUNDS AND CANCELLATIONS
Refund Eligibility: Refunds for digital asset purchases are subject to the terms specified in our Refund Policy. Please review the policy for information on refund eligibility and procedures.
Cancellation: Once a purchase is completed and the digital asset is delivered, cancellation of the transaction may not be possible. However, in exceptional cases, please contact our customer support for assistance, and we will evaluate the circumstances and assist you accordingly.
TAXES
Tax Responsibilities: You are responsible for paying any applicable taxes, duties, or other governmental charges associated with the purchase and sale of digital assets on our Platform. The inclusion or exclusion of taxes in the listing prices may vary depending on the seller's location and tax regulations.
CUSTOMER SAFETY
Dispute Resolution: In case of any disputes between buyers and sellers regarding the purchase or delivery of digital assets, we offer a dispute resolution process. Our dedicated customer support team will act as a mediator to help resolve the issue in a fair and impartial manner.
Communication Facilitation: We will facilitate communication between the buyer and seller to foster a productive dialogue and find a satisfactory resolution.
Refunds or Resolutions: If a resolution cannot be reached through negotiation, we may consider issuing a refund, providing a replacement, or offering alternative solutions, depending on the nature of the dispute and the available options.
PAYMENT SECURITY AND DISPUTES
Secure Transactions: We prioritize the security of your payment information. We employ industry-standard encryption and security measures to protect your financial details during transactions.
Third-Party Payment Processors: We partner with reputable payment gateways and service providers to ensure secure payment processing. Your payment information is handled in compliance with applicable data protection laws.
Dispute Resolution: In the event of payment-related disputes, please contact our customer support at hello@mypresets.in. We will investigate the issue and work towards a fair resolution in accordance with our policies and applicable laws.

These Protect and Payment Terms are designed to promote a safe and trustworthy environment for buyers and sellers on our Platform. Please review these Terms carefully before making any purchases on our Platform. By accessing or using our services and making payments, you agree to adhere to these terms and conditions. We reserve the right to modify or update these terms at any time. We request you check our Terms Periodically to be up to date with it.

TAKE DOWN POLICY
This Website (“Platform”) and its content operated by QMedia, a partnership firm registered under the provisions of the Partnership Act, 1932 under the domain “www.mypresets.in” (collectively “Mypresets.in”/ “we”/ “our”/ “us”), and all rights related to the Platform vest in QMedia. We are committed to ensuring that our Platform complies with applicable laws and respects the intellectual property rights of others. This Take Down Policy outlines the procedures we follow to address and respond to claims of infringement or violation of intellectual property rights on our platform.
REPORTING INFRINGEMENT
If you believe that any content available on our Platform infringes upon your intellectual property rights, you can notify us by sending a written notice (including electronic means) to our designated agent at the following address:
Mypresets.in
Address: 610, Union Heights,
near Rahul Raj Mall, Piplod, Surat, Gujarat - 395008.
Email: hello@mypresets.in

NOTICE REQUIREMENTS
To facilitate the processing of your infringement claim, please ensure that your written notice contains the following information:
Your complete name, address, email address, and phone number.
A detailed description of the copyrighted work or other intellectual property right that you claim has been infringed.
A description of the infringing material, including its location on our platform (e.g., URL or product listing).
Sufficient evidence to establish that you are the owner of the copyright or intellectual property right or are authorized to act on the owner's behalf.
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Affixed with your physical or electronic signature.

Please note that any false statements or misrepresentations in your notice may expose you to legal liability.
INVESTIGATION AND ACTION
Upon receiving a valid infringement notice, we will promptly initiate an investigation into the alleged infringement. This investigation may involve contacting the accused party and requesting a response or clarification.
If we determine that there is a prima facie case of infringement, we will take appropriate action, which may include:
Removing or disabling access to the allegedly infringing material.
Suspending or terminating the account or access of the user responsible for the infringement.
Cooperating with the relevant authorities and providing them with the necessary information to enforce intellectual property rights.
We will inform the alleged infringer of our actions and provide them with an opportunity to respond and resolve the dispute.
COUNTER-NOTICES
If your content has been removed or disabled due to an infringement claim and you believe it was done in error or you have the necessary rights to use the material, you may submit a counter-notice to us. Your counter-notice must include the following:
Your complete name, address, email address, and phone number.
Identification of the material that has been removed or disabled and its prior location.
A statement, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
A statement that you consent to the jurisdiction of the courts in India and that you will accept service of process from the person who provided the infringement notice.
Affixed with your physical or electronic signature.

Upon receiving a valid counter-notice, we will provide a copy to the original complainant and allow a reasonable period for them to respond. If the complainant does not take further legal action within the specified time, we may, at our discretion, restore the removed or disabled material.
GENERAL GUIDELINES

Our response to infringement claims may vary depending on the circumstances and applicable laws.
We reserve the right to modify or update this Take Down Policy at any time without prior notice.
This Take Down Policy does not constitute legal advice, and you are encouraged to seek professional legal counsel if you have any questions or concerns about your rights or obligations.
By using our platform, you acknowledge and agree to the following:
You will not use our platform to infringe upon the intellectual property rights of others.
You will comply with all applicable laws and regulations regarding intellectual property rights.
You will indemnify and hold us harmless from any claims, damages, or liabilities arising out of your infringement of intellectual property rights or violation of this policy.

REPEAT INFRINGERS
We have a zero-tolerance policy towards repeat infringers. If a user's account is found to be involved in multiple instances of copyright or intellectual property infringement, we may, at our discretion, terminate their account and take further legal action as necessary.
Please note that only infringement claims or reports submitted to the designated agent will be addressed under this policy.
We are committed to maintaining a safe and compliant platform for all users. This Take Down Policy outlines our procedures for addressing and resolving claims of intellectual property infringement. We encourage all users to respect the intellectual property rights of others and promptly report any suspected infringements.
REFUND POLICY

This Return and Refund Policy (“Policy”) outlines the guidelines and procedures for returning and refunding Products purchased through “www.mypresets.in” (“we” “us” “our”) website and marketplace (collectively referred to as the “Platform”). By making a purchase on our Platform, you agree to adhere to this Policy and understand the terms and conditions outlined herein. We recommend reviewing this Policy carefully before making any purchase.
RETURNS AND REFUNDS
Digital Assets: Due to the nature of digital assets, we generally do not offer returns or refunds for purchases. Once a digital asset has been downloaded or accessed, it cannot be returned. We encourage users to carefully review the details, specifications, and previews provided for each digital asset before making a purchase.
Exceptional Cases: In rare circumstances, if you encounter technical issues or problems with the digital asset that prevent its proper functionality or use as described, you may be eligible for a return or refund. To request a return or refund in such cases, you must contact our customer support within 72 hours of purchase, providing detailed information about the issue encountered.
ELIGIBILITY FOR RETURNS AND REFUNDS

Proof of Purchase: To be eligible for a return or refund, you must provide a valid proof of purchase, such as an order number or transaction details.
Evaluation Process: Our team will assess the reported issue and may require additional information or documentation to investigate and verify the problem. We reserve the right to request screenshots, error logs, or other relevant evidence to support your claim.
Refund Decision: The decision to issue a refund will be made at our discretion, taking into consideration the specific circumstances and the validity of the reported issue. If a refund is approved, the refund amount will be determined based on the purchase price paid for the digital asset.
REFUND PROCESS
Refund Method: Approved refunds will be processed using the same payment method used for the original purchase. Please note that it may take some time for the refund to be reflected in your account, depending on your payment provider's policies.
Non-refundable Fees: Any non-refundable transaction fees or charges imposed by payment processors or banks are not included in the refund amount.
CONTACT US
If you have any questions, concerns, or need assistance regarding returns and refunds, please contact our customer support team or write us at hello@mypresets.in. We are here to help and will respond to your inquiries in a timely manner.

This Policy ensures transparency and provides guidelines for returns and refunds of Products purchased through our Platform. By making a purchase, you acknowledge and accept the terms and conditions outlined in this Policy.

(We reserve the right to modify or update this Policy at any time without prior notice. Any changes will be effective immediately upon posting on our Platform. It is your responsibility to review this Policy periodically to stay informed about any updates.)

CONTACT US
Questions about the Terms of Service and policies should be sent to us at hello@mypresets.in.