BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND YOUR USE OF THE WEBSITE OR SERVICES DOES NOT VIOLATE ANY APPLICABLE LAW OR REGULATION. Any individual using the Website or Services on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company. This Agreement is void where prohibited.
Subject to Your compliance with the terms and conditions of this Agreement, BrahmaDesign.in grants You a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to use the Website and Services. Except as expressly set forth herein, this Agreement grants You no rights in or to the intellectual property of BrahmaDesign.in or any other party. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate.
- USER INFORMATION/PASSWORD PROTECTION
You may also be asked to provide, or may be given, a user name and password in connection with certain of the Services. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, user name, or password of someone else at any time. You agree to notify BrahmaDesign.in immediately of any unauthorized use of Your account, user name, or password. BrahmaDesign.in shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by BrahmaDesign.in, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of Your account or password.
- THIRD-PARTY WEBSITES
The Website may be linked with the websites of a number of third parties ("Third-Party Websites"), some of whom may have established relationships with BrahmaDesign.in and some of whom may not. BrahmaDesign.in does not have control over the content and performance of Third-Party Websites. BrahmaDesign.in HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, BrahmaDesign.in DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. BrahmaDesign.in DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.
- CONSENT TO RECEIVE EMAIL
By establishing an account with BrahmaDesign.in, You thereby consent to receive periodic email communications from BrahmaDesign.in regarding the Services and other matters.
- FEES & REFUND POLICY
You acknowledge that BrahmaDesign.in reserves the right to charge for the Services and to change its fees from time to time in BrahmaDesign.in’s sole discretion. If BrahmaDesign.in terminates Your Membership in accordance with this Agreement, You shall not be entitled to the refund of any unused portion of subscription fees.
- ONLINE FORUMS
"Online Forum" is any area, site or feature offered as part of the Website that enables You (a) to submit, post, display and/or view User Content (as defined in Section 11, below), and/or (b) to communicate, share, or exchange User Content with other Website members or visitors, including without limitation, discussion forums, message boards, and chat rooms. You understand and acknowledge that anything You submit or post by way of any Online Forum may be viewed on the Internet by the general public and that, therefore, You have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Content submitted and/or posted under your username, or otherwise by You, in any Online Forum and for the consequences of submitting and posting same. You understand and acknowledge that the use of User Content posted on any Online Forum is at Your own risk. BrahmaDesign.in is not responsible for, and BrahmaDesign.in does not endorse, the opinions, advice or recommendations posted or sent by users in any Online Forum, and BrahmaDesign.in specifically disclaims any and all liability in connection therewith. Your ability to access and view User Content with an Online Forum and/or to submit and post User Content within an Online Forum may be subject to certain age restrictions, and other restrictions, that BrahmaDesign.in may revise at its sole discretion, at any time, for any reason or no reason at all. Such restrictions will be posted with the Online Forum, as applicable.
- USER CONTENT
- OBJECTIONABLE CONTENT
You represent and warrant that you shall not use the Website or Services to upload, post, transmit, display, perform, distribute or hyperlink to any content, information or materials that: (a) are libelous, defamatory, abusive, or threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, pornographic, may constitute a false accusation of criminal activity, may constitute child pornography, may solicit personal information from or exploit in a sexual or violent manner anyone under the age of 18, or are otherwise objectionable; (b) advocate or encourage conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) advertise or otherwise solicit funds or constitute a solicitation for goods or services; or (d) violate any provision of this Agreement or any other BrahmaDesign.in agreement or policy, including without limitation BrahmaDesign.in’s Prohibited Content Guidelines (collectively, "Objectionable Content"). BrahmaDesign.in may monitor the Website for Objectionable Content. Without limiting any of its other remedies, BrahmaDesign.in reserves the right to terminate Your use of the Website and Services or Your uploading, posting, transmission, display, performance or distribution of Objectionable Content. BrahmaDesign.in, in its sole discretion, may delete any Objectionable Content from its servers. BrahmaDesign.in intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.
- PROHIBITED USES
BrahmaDesign.in imposes certain restrictions on Your use of the Website and the Services. You represent and warrant that you will not: (a) violate or attempt to violate any security features of the Website or Services; (b) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (c) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; (d) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing"; (e) use the Website or Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (f) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or (g) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the BrahmaDesign.in Parties in providing the Website or Services. Any violation of this section may subject You to civil and/or criminal liability.
- INTELLECTUAL PROPERTY
(a) Compliance with Law
You represent and warrant that, when using the Website and Services, You will obey the law and respect the intellectual property rights of others. Your use of the Website and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE AND SERVICES. THE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS RESTS SOLELY WITH YOU.
Brahma Design, BrahmaDesign.in, the Brahma Design logo (the "BrahmaDesign.in Marks") are trademarks or registered trademarks of Brahma Design Pvt. Ltd. Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of third parties. Neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to, or any license to reproduce or otherwise use, the BrahmaDesign.in Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the BrahmaDesign.in Marks generated as a result of Your use of the Website and Services will inure to the benefit of BrahmaDesign.in, and You agree to assign, and hereby do assign, all such goodwill to BrahmaDesign.in. You shall not at any time, nor shall You assist others to, challenge BrahmaDesign.in’s right, title, or interest in or to, or the validity of, the BrahmaDesign.in Marks.
(c) Copyrighted Materials; Copyright Notice
All Content and other materials available through the Website and Services, including without limitation the BrahmaDesign.in logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by BrahmaDesign.in or are the property of BrahmaDesign.in’s licensors and suppliers. Except as explicitly provided, neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to any such materials. Copyright © 2010 to the present, Brahma Design. ALL RIGHTS RESERVED.
(d) DMCA Policy
As BrahmaDesign.in asks others to respect BrahmaDesign.in’s intellectual property rights, BrahmaDesign.in respects the intellectual property rights of others. If you believe content located on or linked to by the Website violates Your copyright, you are encouraged to notify BrahmaDesign.in in accordance with BrahmaDesign.in’s Digital Millennium Copyright Act Policy. BrahmaDesign.in will respond to all such notices, including as required or appropriate by removing the offending material or disabling all links to the offending material. BrahmaDesign.in has adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed on the rights of BrahmaDesign.in or of a third party, or otherwise violated any intellectual property laws or regulations.
- DISCLAIMERS; LIMITATION OF LIABILITY
(a) NO WARRANTIES
BRAHMADESIGN.IN, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, BrahmaDesign.in, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NEITHER BrahmaDesign.in NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER BrahmaDesign.in NOR ITS, LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR SERVICES.
(b) YOUR RESPONSIBILITY FOR DEFAMATORY COMMENTS
YOU AGREE AND UNDERSTAND THAT YOU MAY BE HELD LEGALLY RESPONSIBLE FOR DAMAGES SUFFERED BY OTHER BrahmaDesign.in USERS OR THIRD PARTIES AS THE RESULT OF ANY REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE WEBSITE THAT IS DEEMED DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE. UNDER THE FEDERAL COMMUNICATIONS ACT OF 1996, BrahmaDesign.in IS NOT LEGALLY RESPONSIBLE, NOR CAN IT BE HELD LIABLE FOR DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION TO ANY DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE WEBSITE.
(c) YOUR RESPONSIBILITY FOR DAMAGE
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD BrahmaDesign.in OR ITS LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
(d) LIMITATION OF LIABILITY
THE LIABILITY OF BrahmaDesign.in AND ITS LICENSORS AND SUPPLIERS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BrahmaDesign.in OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, EMOTIONAL DISTRESS, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO BrahmaDesign.in OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF BrahmaDesign.in AND ITS LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL NOT EXCEED THE LESSER OF (A) AGGREGATE PRICE YOU PAID TO BrahmaDesign.in DURING THE YEAR PRECEDING THE INCIDENT OR INCIDENTS GIVING RISE TO SUCH LIABILITY OR (B) INR 2000. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN BrahmaDesign.in AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND BrahmaDesign.in OR BETWEEN YOU AND ANY OF BrahmaDesign.in’S LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. BrahmaDesign.in’S LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
- GENERAL REPRESENTATION AND WARRANTY
You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other BrahmaDesign.in policies, and with any applicable laws or regulations.
- INDEMNITY BY YOU
You agree to defend, indemnify and hold harmless BrahmaDesign.in and its officers, directors, employees, agents, affiliates, representatives, sublicensees, successors, assigns, and contractors (collectively, the "BrahmaDesign.in Parties") from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, "Claims"), including but not limited to legal costs and fees, arising out of or relating to: (i) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (ii) any allegation of defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; (iii) Your access to or use of the Website or Services; (iv) Your provision to BrahmaDesign.in or any of the BrahmaDesign.in Parties of information or other data; or (v) the release of private data pursuant to a court order or subpoena.
The BrahmaDesign.in Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify or hold harmless the BrahmaDesign.in Parties. You may not settle any Claim without the prior written consent of the concerned BrahmaDesign.in Parties.
- GOVERNING LAW; JURISDICTION AND VENUE
The Website, Services, and this Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in Mumbai, Maharashtra and shall be governed by and construed in accordance with the laws of the State of Maharashtra without regard to its conflict of law principles. ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN ABOVE. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
(a) By BrahmaDesign.in
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, BRAHMADESIGN.IN RESERVES THE RIGHT TO, IN BRAHMADESIGN.IN’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY USE OF THE WEBSITE AND/OR SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
(b) Automatic Termination Upon Breach By You
This Agreement shall automatically terminate in the event that You breach any of this Agreement’s representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by BrahmaDesign.in.
(c) By You
You may terminate this Agreement and Your rights hereunder at any time, for any or no reason at all, by providing to BrahmaDesign.in notice of Your intention to do so, in the manner required by this Agreement.
(d) Effect of Termination
Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Website and Services. Upon termination, BrahmaDesign.in may, but has no obligation to, in BrahmaDesign.in’s sole discretion, delete from BrahmaDesign.in’s systems all User Content, Your Personal Information and any other files or information that You made available to BrahmaDesign.in or that otherwise relate to Your use of the Website or Services. Subsequent to termination, BrahmaDesign.in reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Website and Services, including without limitation technological barriers such as IP mapping and direct contact with Your Internet Service Provider.
(e) Legal Action
If BrahmaDesign.in, in BrahmaDesign.in’s discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, BrahmaDesign.in will be entitled to recover from You as part of such legal action, and You agree to pay, BrahmaDesign.in’s reasonable costs and attorneys’ fees incurred as a result of such legal action. The BrahmaDesign.in Parties will have no legal obligation or other liability to You or to any third party arising out of or relating to any termination of this Agreement.
Upon termination, all rights and obligations created by this Agreement will terminate, except that Sections 1-3, 6-8, 9-18 and 20 will survive any termination of this Agreement. For clarification, termination of this Agreement will not relieve You of Your obligation to pay any fees owed BrahmaDesign.in.
(a) Entire Agreement; Amendment
This Agreement constitutes the entire agreement between BrahmaDesign.in and You concerning Your use of the Websites. This Agreement and any other written agreements executed between You and BrahmaDesign.in constitute the entire agreement concerning Your use of the Services. This Agreement may only be modified by a written amendment signed by an authorized executive of BrahmaDesign.in or by the unilateral amendment of this Agreement by BrahmaDesign.in and by the posting by BrahmaDesign.in of such amended version.
(b) Severability; Waiver
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of BrahmaDesign.in. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
You and BrahmaDesign.in are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement.
(e) Third-Party Beneficiaries
Except for the BrahmaDesign.in Parties as and to the extent set forth in Sections 11, 13, 17 and 20(e), and BrahmaDesign.in’s licensors and suppliers as and to the extent expressly set forth in Section 15, there are no third-party beneficiaries to this Agreement.
(f) Irreparable Injury
You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third party rights by You would cause irreparable injury to BrahmaDesign.in and BrahmaDesign.in’s licensors and suppliers, and would therefore entitle BrahmaDesign.in or BrahmaDesign.in’s licensors or suppliers, as the case may be, to injunctive relief.
All notices required or permitted to be given under this Agreement must be in writing. BrahmaDesign.in shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to BrahmaDesign.in. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH BrahmaDesign.in IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY BrahmaDesign.in OF AN EMAIL TO THAT ADDRESS. You shall give any notice to BrahmaDesign.in by means of: (i) hand delivery; (ii) certified postal mail, return receipt requested, postage prepaid; or (iii) overnight courier, each as send to:
Owned and operated by:
Brahma Design Pvt. Ltd.
New Kantwadi Road
All notices to BrahmaDesign.in will be deemed received as follows: (i) if by hand-delivery, on the date of delivery; (ii) if delivery by India Post, on the date of receipt appearing on a return receipt card; or (iii) if by overnight courier, on the date the receipt is confirmed by such courier service. You agree that any notice received from BrahmaDesign.in electronically satisfies any legal requirement that such notice be in writing.