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Terms and Conditions of Use

1. General

In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.zecorate.com

The domain name www.zecorate.com (hereinafter referred to as "Web site") is owned by

-      Zecorate Pvt Ltd, a Company incorporated under the Companies Act, 1956 (Hereinafter referred to as the Company)

-       Registered at Flat No: G1, M.S. Palace Apts, 3rd Cross, Shivalingaiah Colony, Jeevan Bhima Nagar,Bangalore - 560017,Karnataka, INDIA (Hereinafter referred to as Zecorate )

2. Acceptance of Terms and Conditions 

2.1 By using http://www.zecorate.com (the Website or Zecorate in this document), you, the Customer (you,your, or the User in this document) unconditionally agree to the terms and conditions that we, Zecorate Pvt. Ltd.  (we or us or our in this document) have provided herein for use of this Website. If you do not wish to agree to the outlined terms and conditions (the Terms of Use in this document) please refrain from using this Website.

 2.2 Please read this agreement carefully.  By browsing, accessing or using this Website or by using any facilities or services made available through or on it, you are agreeing to the Terms of Use that appear below (all of which are called the Agreement). This Agreement is made between you and us.

 2.3 These Terms of Use were most recently updated on June 2, 2016 (Version 1).  We reserve the right to amend these terms and conditions at any time.  All amendments to these terms and conditions will be posted on-line. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time so that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Website, you are implicitly agreeing to the amended Terms of Use and Privacy Policy. Unless specified otherwise, any such deletions or modifications shall be effective immediately upon Zecorates posting thereof. Continued use of any of the services provided by Zecorate via the Website (or via other electronic or other communication from Zecorate) including the information services, content and transaction capabilities on the Website, including the ability to make a purchase (all of which are called theServices in this document) will be deemed to constitute acceptance of the new terms and conditions.

3. Terms of Use

3.1 Use of the Service and the Website are each subject to the Terms of Use set out in this Agreement.

3.2 To use the website and/or the Service (whether with or without registration), you must be 18 years of age or over.

3.3 The Website and the Service are directed solely at those who access the Website from the Republic of India. Zecorate makes no representation that Service (or any goods or services) are available or otherwise suitable for use outside the Republic of India.  If you choose to access the Website (or use the Service) from locations outside the Republic of India, you do so on your own initiative and are responsible for the consequences thereof.

3.4 Zecorate reserves the right to prevent you using the Website and the Service (or any part of them).

3.5 Zecorate provides an interactive online service owned and operated by  Zecorate Pvt. Ltd. through the Website on the World Wide Web of the Internet (the Web or Internet), consisting of information services, content and transaction capabilities provided by  Zecorate, its subsidiaries and its associates with whom it has business relationships (Business Associates) including but not limited to third parties that provide services in relation to creation, production or distribution of content for the Website (Third Party Content Providers), third parties that provide advertising services to  Zecorate (Third Party Advertisers) and third parties that perform function on behalf of  Zecorate like sending out and distributing our administrative and promotional emails and text messages (Third Party Service Providers).

3.6 The right to use this Website is personal to the User and is not transferable to any other person or entity.  The User shall be responsible for protecting the confidentiality of Users password(s), if any. User understands and acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Zecorate, and Zecorate shall not be responsible for any data lost while transmitting information on the Internet.

3.7 While it is Zecorates objective to make the Website accessible at all times, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Zecorate, access to the Website may be interrupted, suspended or terminated from time to time.  Zecorate reserves the right, in its sole discretion, to terminate the access to any or all Zecorate websites and the related services or any portion thereof at any time, without notice. Zecorate shall also have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, graphics, deals, offers, settings, hours of availability and equipment needed for access or use. Further, Zecorate may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

3.8 We may access Your details through your Facebook account if you link your Facebook account to your Zecorate profile. You hereby grant us permission to access some information available on Your Facebook account as well as permission to access Your Friend list. Zecorate will post on your behalf only with your express permission and the rights given to Zecorate to access and post can be revoked at any time by you.

4. Equipment

4.1 The User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Website and all charges related thereto. Zecorate shall not be liable for any damages to the Users equipment resulting from the use of this Website.

5. User Conduct

5.1 This Website and any individual websites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Website (the Mini-sites) are private property. All interactions on this Website and/or the Mini-sites must comply with these Terms of Use.

5.2       The User undertakes not to use or permit anyone else to use the Service or Website:

(i)         to send or receive any information for which you have not obtained all necessary license and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;

(ii)        to send or receive any material which is harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);

(iii)       to intercept or attempt to intercept any communications transmitted by way of a telecommunication system; or

(iv)       for any fraudulent purposes.

5.3       The User shall not post or transmit through this Website and/or the Mini-sites any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without  Zecorates express prior, written approval, contains advertising or any solicitation with respect to products or Services.

5.4 In places where this Web site allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:

(i) Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;

(ii) Engage in any activity that interferes with or disrupts access to the Web site or the Services (or the servers and networks which are connected to the Web site);

(iii) Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

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

(v) Post any file that infringes the copyright, patent or trademark of other legal entities.

(vi) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Web site or another's computer;

(vii). Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;

(viii) Probe, scan or test the vulnerability of the Web site or any network connected to the Web site, nor breach the security or authentication measures on the Web site or any network connected to the Web site. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Web site, or any other customer of the Web site, including any Web site Account not owned by You, to its source, or exploit the Web site or Service or information made available or offered by or through the Web site, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Web site;

(ix) Disrupt or interfere with the security of, or otherwise cause harm to, the Web site, systems resources, accounts, passwords, servers or networks connected to or accessible through the Web sites or any affiliated or linked sites;

(x) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.

(xi) Use the Web site or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use , or to solicit the performance of any illegal activity or other activity which infringes the rights of this Web site or other third parties;

(xii) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

(xiii) Violate any applicable laws or regulations for the time being in force within or outside India;

(xiv) Violate the Terms of Use including but not limited to any applicable Additional Terms of the Web site contained herein or elsewhere;

(xv) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

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

(xvii) Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;

(xviii) Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

(xix) Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;

5.4 Any conduct by a User that in Zecorates exclusive discretion is in breach of the Terms of Use or which restricts or inhibits any other User from using or enjoying this Website and/or any of the Mini-sites is strictly prohibited. The User shall not use this Website and/or any of the Mini-sites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Website and/or the Mini-sites to become users of other online or offline services directly or indirectly competitive or potentially competitive with Zecorate.

5.5 The foregoing provisions of this Section 4 apply equally to and are for the benefit of Zecorate, its subsidiaries, Business Associates and Third Party Content Providers, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

5.6 You are bound not to Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the Web site. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Web site is not permitted.

5.7 We have no obligation, to monitor the materials posted on the Web site. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEB SITE AND IN YOUR PRIVATE MESSAGES. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Web site. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortuous, or otherwise unlawful information.

6. Intellectual Property Rights

6.1 All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements)) whether registered or unregistered) in the Website and Service, (subject to Clause 6.4) information content on the Website or accessed as part of the Service, any database operated by us and all the Website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property. All rights are reserved.

6.2 None of the material listed in Clause 6.1 may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify copy or distribute or use for commercial purposes any of the materials or content on the Website without our permission.

6.3 All rights (including goodwill and, where relevant, trade marks) in the Zecorate name are owned by us (or our licensors). Other product and company names mentioned on the Website are the trademarks or registered trademarks of their respective owners.

6.4 Title, ownership rights and intellectual property rights in and to the content accessed using the Service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. The Agreement gives you no rights to such content.

6.5 Subject to Clause 6.6, any material you transmit or post or submit to the Website (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e. via email, the Website or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.

6.6 All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the Service or the Website; (in each foregoing case, these are called "Ideas") shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.

6.7 Please note we do not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against us and our affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

7. Disclaimer of Warranty and Limitation of Liability

7.1 The User expressly agrees that use of the Website and the Mini-sites is at the Users sole risk. Neither Zecorate, its subsidiaries Business Associates nor any of their respective employees, agents and third party content providers warrant that use of the Website will be uninterrupted or error free; nor do they make any warranty as to (i) the results that may be obtained from use of this Website, or (ii) the accuracy, reliability or content of any information, service or merchandise provided through the Website or the Mini-sites.

7.2 The Website and the Mini-sites are made accessible on an as is basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.

7.3 We do not give any warranty that the Services or the Website are free from viruses or anything else which may have a harmful effect on any technology.

7.4 We reserve the right to change, modify substitute, suspend or remove without notice any information or service from the Website or forming part of the Service from time to time. Your access to the Website and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We assume no responsibility for functionality which is dependent on your browser or other third party software to operate. For the avoidance of doubt, we may also withdraw any information from the Website or Services at any time.

7.5 We reserve the right to block access to and / or to edit or remove any material which in our reasonable opinion may give rise to a breach of this Agreement.

7.6 This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action. The User specifically acknowledges that Zecorate is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with the User.

7.7 In no event shall Zecorate, or any Business Associates, Third Party Content Providers, Third Party Advertisers or Third Party Service Providers, producing or distributing the Website or the contents hereof, including the Mini-sites and any software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website. The User hereby acknowledges that the provisions of this Clause shall apply to all content on the Website and the Mini-sites.

7.8 In addition to the terms set forth above, neither Zecorate, nor its subsidiaries and Business Associates, Third Party Service Providers or Third Party Content Providers shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within the Website or any of the Mini-sites, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including without limitation lost profits, punitive or consequential damages.

7.9 Nothing in this Agreement shall exclude or limit our liability for (i) fraud; (ii) death or personal injury caused by our breach of duty; or (iii) other liability which cannot be excluded or limited by applicable law.

7.10 Zecorate shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the present limit mutually agreed by us with our acquiring bank from time to time.

7.11 Zecorate contains facts, views, opinions, statements and recommendations of third party individuals and organizations. We do not represent or endorse the accuracy, correctness or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed in any manner. Any reliance upon any such opinion, advice, statement or information is at your risk and we shall not be held liable in any way.

8. Monitoring

8.1 Zecorate shall have the right, but not the obligation, to monitor the content of the Website at all times, including any chat rooms and forums that may hereinafter be included as part of the Website, to determine compliance with this Agreement and any operating rules established by Zecorate, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Zecorate shall have the right to remove any material that Zecorate, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

9. Privacy

9.1 The User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectivelyCommunities) are public and not private communications, and that, therefore, others may read the Users communications without the Users knowledge. Zecorate does not control or endorse the content, messages or information found in any Communities, and, therefore, Zecorate specifically disclaims any liability concerning the Communities and any actions resulting from the Users participation in any Communities, including any objectionable content. Generally, any communication which the User posts on the Website (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by Zecorate as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Website, User grants Zecorate the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see Zecorates Privacy Policy.

10. License Grant

10.1 By posting communications on or through this Website, the User shall be deemed to have granted to Zecorate a royalty-free, perpetual, irrevocable & non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.

11. Indemnification

11.1 The User agrees to defend, indemnify and hold harmless Zecorate, its subsidiaries and Business Associates, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys fees, arising out of (i) the use of this Website and/or the Mini-sites by the User; (ii) the use of the Service or Website through your password; or (iii) any breach of this Agreement by you.

12.       Termination

12.1     Zecorate may terminate this Agreement at any time. Without limiting the foregoing, Zecorate shall have the right to immediately terminate any passwords or accounts of a User in the event of any conduct by the User which Zecorate, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. All such provisions wherein the context so requires, including Clause 6, 7, 10, 11 & 12, will survive termination of this Agreement.

12.2     Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

13. Third Party Content

13.1     Zecorate, similar to an Internet Service Provider, is a distributor of content supplied by third parties and Users. Accordingly, Zecorate has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including Third Party Content Providers, or any other Users are those of the respective author(s) or distributors and not of Zecorate.

13.2     Neither Zecorate nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose (refer to Clause 7 above for the complete provisions governing limitation of liabilities and disclaimers of warranty).

13.3     In many instances, the content available through this Website represents the opinions and judgments of the respective information provider, User, or other users not under contract with Zecorate. Zecorate neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website by anyone other than authorized Zecorate employee / spokespersons while acting in official capacities.

13.4     Under no circumstances will Zecorate be liable for any loss or damage caused by Users reliance on information obtained through the Website. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice etc. or other content available through the Website.

13.5     The Website contains links to third party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Zecorate of the contents on such third-party websites and Zecorate hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If the User decides to access linked third-party websites, the User does so at his/her own risk.

13.6     Unless you have executed a written agreement with Zecorate expressly permitting you to do so, you may not provide a hyperlink to the Website from any other website. Zecorate reserves the right to revoke its consent to any link at any time in its sole discretion.

14. Advertisement

14.1 Zecorate may place advertisements in different locations on the Website and at different points during use of the Service. These locations and points may change from time to time - but we will always clearly mark which goods and services are advertisements (i.e. from persons other than us), so that it is clear to you which goods and services are provided on an objective basis and which are not (i.e. the advertisements).

14.2 You are free to select or click on advertised goods and services or not as you see fit.

14.3 Any advertisements may be delivered on our behalf by a Third Party Advertiser.

14.4 No personal data (for example your name, address, email address or telephone number) will be used during the course of serving our advertising, but, on our behalf, our Third Party Advertiser or affiliate may place or recognise a unique "cookie" on your browser (see our Privacy Policy about this). This cookie will not collect personal data about you nor is it linked to any personal data about you. If you would like more information about this practice and to know your choices about not having this information used by any company, see our Privacy Policy for more information.

15. Force Majeure

15.1 Without prejudice to any other provision herein, Zecorate shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond Zecorates control, including, without limitation, acts of the User, embargo or other governmental act, regulation or request affecting the conduct of Zecorates business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labour difficulties, lightning, flood, windstorm or other acts of God.

16 Miscellaneous

16.1 This Agreement and our Privacy Policy constitutes the entire agreement of the parties with respect to the subject matter hereof. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this Agreement except as expressly stated in this Agreement. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied on when entering into this Agreement (unless such untrue statement was made fraudulently or was as to a matter fundamental to a partys ability to perform this Agreement) and that partys only remedies shall be for breach of contract as provided in this Agreement. However, the Service is provided to you under our operating rules, policies, and procedures as published from time to time on the Website.

16.2 No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.

16.3 The section headings used herein are for convenience only and shall be of no legal force or effect.

16.4 If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

16.5 All provisions of this Agreement apply equally to and are for the benefit of Zecorate, it subsidiaries, any holding companies of Zecorate, its (for their) affiliated and it (or their) Third Party Content Providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties).