AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (“you”) and Vision Vibe ("TechVibeS7 Private
Limited", "Company", “we”, “us”, or “our”), concerning your access to and use of the
https://www.techvibe.in/visionvibe/ websites as
well as any other media form, media
channel, mobile website or mobile application related, linked, or otherwise connected
thereto (collectively, the “Site”). You agree that by accessing the Site, you have read,
understood, and agree to be bound by all of these Terms of Use.
IF YOU DO NOT AGREE WITH
ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND
YOU
MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time
to time are hereby expressly incorporated herein by reference. We reserve the right, in
our sole discretion, to make changes or modifications to these Terms of Use at any time
and for any reason. We will alert you about any changes by updating the “Last updated”
date of these Terms of Use, and you waive any right to receive specific notice of each
such change. It is your responsibility to periodically review these Terms of Use to stay
informed of updates. You will be subject to, and will be deemed to have been made aware
of and to have accepted, the changes in any revised Terms of Use by your continued use
of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any
person or entity in any jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject us to any registration requirement
within such jurisdiction or country. Accordingly, those persons who choose to access the
Site from other locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
We may directly collect analytics data, or use third-party analytics tools and services,
to help us measure web traffic and user event trends. These tools collect information
sent by your devices.
The Site is not tailored to comply with industry-specific regulations (Health Insurance
Portability and Accountability Act (HIPAA), Federal Information Security Management Act
(FISMA), etc.), so if your interactions would be subjected to such laws, you may not use
this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley
Act (GLBA).
The Site is intended for users who are at least 13 years of age. All users who are
minors in the jurisdiction in which they reside (generally under the age of 18) must
have the permission of, and be directly supervised by, their parent or guardian to use
the Site. If you are a minor, you must have your parent or guardian read and agree to
these Terms of Use prior to you using the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code,
databases, functionality, software, website designs, animations, 3D models, audio,
video, text, photographs, and graphics on the Site (collectively, the “Content”) and the
trademarks, service marks, and logos contained therein (the “Marks”) are owned or
controlled by us or licensed to us, and are protected by copyright and trademark laws
and various other intellectual property rights and unfair competition laws of the United
States, international copyright laws, and international conventions. The Content and the
Marks are provided on the Site “AS IS” for your information. Except as expressly
provided in these Terms of Use, no part of the Site and no Content or Marks may be
copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written permission.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration information you
submit will be true, accurate, current, and complete; (2) you will maintain the accuracy
of such information and promptly update such registration information as necessary; (3)
you have the legal capacity and you agree to comply with these Terms of Use; (4) you are
not under the age of 13; (5) you are not a minor in the jurisdiction in which you
reside, or if a minor, you have received parental permission to use the Site; (6) you
will not access the Site through automated or non-human means, whether through a bot,
script or otherwise; (7) you will not use the Site for any illegal or unauthorized
purpose; and (8) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and refuse any and
all current or future use of the Site (or any portion thereof).
USER REGISTRATION
You may be required to register with the Site. You agree to keep your password
confidential and will be responsible for all use of your account and password. We
reserve the right to remove, reclaim, or change a username you select if we determine,
in our sole discretion, that such username is inappropriate, obscene, or otherwise
objectionable.
FEES AND PAYMENT
In order to access certain services on the Site, you may be required to purchase a
subscription or pay a fee. By completing a purchase, you agree to provide current,
complete, and accurate billing and account information, and to promptly update such
information—including your email address, payment method, and payment card expiration
date—as necessary. All fees are payable in Indian Rupees. You authorize us to charge
your designated payment provider for all amounts due at the prices then in effect. For
any subscription subject to recurring charges, you expressly consent to the automatic
billing of your payment method on a recurring basis without requiring additional
approval for each charge, until your account or subscription is cancelled in accordance
with these Terms. We reserve the right to modify pricing at any time, with any changes
applying to future purchases or renewals only. Additionally, we reserve the right to
correct any pricing errors—even if payment has already been requested or received—and to
refuse any order placed through the Site.
CANCELLATION
All purchases are final and non-refundable. You may cancel your subscription at any time
by
logging into your account and accessing the plan and billing management pages. Your
cancellation will take effect at the end of the current paid term, and you will not
receive
any refund or credit for any unused portion of the term. By purchasing a subscription,
you
acknowledge that you have read, understood, and agreed to these non-refundable terms. If
you
are unsatisfied with our services or require support, please contact us at
support @techvibes7.com
SOFTWARE
We may include software for use in connection with our services. If such software is
accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern
your use of the software. If such software is not accompanied by a EULA, then we grant
to
you a non-exclusive, revocable, personal, and non-transferable license to use such
software
solely in connection with our services and in accordance with these Terms of Use. Any
Software and any related documentation is provided “as is” without warranty of any kind,
either express or implied, including, without limitation, the implied warranties of
merchantability, fitness for a particular purpose, or non-infringement. You accept any
and
all risk arising out of use or performance of any Software. You may not reproduce or
redistribute any software except in accordance with the EULA or these Terms of Use.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the
Site available. The Site may not be used in connection with any commercial endeavors
except
those that are specifically endorsed or approved by us or explicitly allowed by these
Terms
of Use.
1. Systematically retrieve data or other content from the Site
to create or
compile, directly or indirectly, a collection, compilation, database, or directory
without written permission from us.
2. Make any unauthorized use of the Site, including collecting
usernames
and/or email addresses of users by electronic or other means for the purpose of sending
unsolicited email, or creating user accounts by automated means or under false
pretenses.
3. Use a buying agent or purchasing agent to make purchases on
the Site.
4. Use the Site to advertise or offer to sell goods and
services.
5. Circumvent, disable, or otherwise interfere with
security-related
features of the Site, including features that prevent or restrict the use or copying of
any Content or enforce limitations on the use of the Site and/or the Content contained
therein.
6. Engage in unauthorized framing of or linking to the Site.
7. Trick, defraud, or mislead us and other users, especially in
any attempt
to learn sensitive account information such as user passwords.
8. Make improper use of our support services or submit false
reports of
abuse or misconduct.
9. Engage in any automated use of the system, such as using
scripts to send
comments or messages, or using any data mining, robots, or similar data gathering and
extraction tools.
10. Interfere with, disrupt, or create an undue burden on the
Site or the
networks or services connected to the Site.
11. Attempt to impersonate another user or person or use the
username of
another user.
12. Sell or otherwise transfer your profile.
13. Use any information obtained from the Site in order to
harass, abuse, or
harm another person.
14. Use the Site as part of any effort to compete with us or
otherwise use
the Site and/or the Content for any revenue-generating endeavor or commercial
enterprise.
15. Decipher, decompile, disassemble, or reverse engineer any of
the
software comprising or in any way making up a part of the Site.
16. Attempt to bypass any measures of the Site designed to
prevent or
restrict access to the Site, or any portion of the Site.
17. Systematically retrieve data or other content from the Site
to create or
compile, directly or indirectly, a collection, compilation, database, or directory
without written permission from us.
18. Harass, annoy, intimidate, or threaten any of our employees
or agents
engaged in providing any portion of the Site to you.
19. Delete the copyright or other proprietary rights notice from
any
Content.
20. Copy or adapt the Site’s software, including but not limited
to Flash,
PHP, HTML, JavaScript, C++, Python, JSX, or other code.
21. Upload or transmit (or attempt to upload or to transmit)
viruses, Trojan
horses, or other material, including excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes with any party’s uninterrupted
use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with
the use, features, functions, operation, or maintenance of the Site.
22. Upload or transmit (or attempt to upload or to transmit) any
material
that acts as a passive or active information collection or transmission mechanism,
including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels,
web bugs, cookies, or other similar devices.
23. Except as may be the result of standard search engine or
Internet
browser usage, use, launch, develop, or distribute any automated system, including
without limitation, any spider, robot, cheat utility, scraper, or offline reader that
accesses the Site, or using or launching any unauthorized script or other software.
24. Disparage, tarnish, or otherwise harm, in our opinion, us
and/or the
Site.
25. Use the Site in a manner inconsistent with any applicable
laws or
regulations.
26. Register for any Vision Vibe product or service using a
temporary or
fake email address, distribution group, or alias, and that you will only use your real
personal or business email address when registering for any Vision Vibe product,
service, subscription, or plan.
27. Register multiple accounts for any free Vision Vibe product,
service,
subscription, or plan, including the Animate 3D Freemium plan.
USER UPLOADED CONTENT
When you use the Site, you may upload Content including but not limited to videos and 3D
models to the Site. You are solely responsible for the Content that you upload to or
store in the Site. You agree that we are not responsible for your use of the Content,
whether that Content is your own or is the Content of third parties. We do, however, at
our sole discretion, reserve the right to review, remove or restrict the use of any
uploaded Content, for any reason or no reason, in connection with the use of the Site.
When you use the Site, you agree to the following:
You will not upload to or store in the Site Content that is copyrighted or subject to
third party proprietary rights, including privacy, publicity, trade secret, etc., unless
you are the owner of such rights or have the appropriate permission from their rightful
owner to specifically submit such Content;
You may not upload to or store in the Site or use Content that violates or infringes on
any third party’s rights of publicity, privacy, copyright, trademark or other
intellectual property right;
You may not upload to or store in the Site or use any branding, logos, designs,
photographs, videos, or any other materials used, except as expressly permitted by these
Terms; and
You retrain full ownership to your uploaded Content. We do not claim any ownership to
any of it. These Terms do not grant us any rights to your uploaded Content or
intellectual property, except for the limited rights that are explained in these Terms
of Use.
By using the Service, you grant us non-exclusive, fully-paid, royalty-free and worldwide
licenses to access, review, use, copy, modify, create derivative works of, reproduce and
analyze your uploaded Content to allow us to deliver the Site and services to you and
other Users. Specifically, you irrevocably allow us to:
1.Process uploaded Content through machine learning models and various optimization,
analysis and simulation algorithms
2.Visualize uploaded Content as part of the Site and services delivered to you
3.Process uploaded Content for the sole purpose of improving the Site and services.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards,
online forums, and other functionality, and may provide you with the opportunity to
create, submit, post, display, transmit, perform, publish, distribute, or broadcast
content and materials to us or on the Site, including but not limited to text, writings,
video, audio, photographs, graphics, comments, suggestions, or personal information or
other material (collectively, "Contributions"). Contributions may be viewable by other
users of the Site and through third-party websites. As such, any Contributions you
transmit may be treated as non-confidential and non-proprietary. When you create or make
available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or
performance,
and the accessing, downloading, or copying of your Contributions do not and will not
infringe the proprietary rights, including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary
licenses, rights,
consents, releases, and permissions to use and to authorize us, the Site, and other
users of the Site to use your Contributions in any manner contemplated by the Site and
these Terms of Use.
3. You have the written consent, release, and/or permission of
each and
every identifiable individual person in your Contributions to use the name or likeness
of each and every such identifiable individual person to enable inclusion and use of
your Contributions in any manner contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized
advertising,
promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other
forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy,
violent,
harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage,
intimidate, or abuse
anyone.
8. Your Contributions are not used to harass or threaten (in the
legal sense
of those terms) any other person and to promote violence against a specific person or
class of people.
9. Your Contributions do not violate any applicable law,
regulation, or
rule.
10. Your Contributions do not violate the privacy or publicity
rights of any
third party.
11. Your Contributions do not contain any material that solicits
personal
information from anyone under the age of 18 or exploits people under the age of 18 in a
sexual or violent manner.
12. Your Contributions do not violate any applicable law
concerning child
pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments
that are
connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to
material that
violates, any provision of these Terms of Use, or any applicable law or regulation.
CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site, you automatically grant, and you
represent and warrant that you have the right to grant, to us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell,
resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly
display, reformat, translate, transmit, excerpt (in whole or in part), and distribute
such Contributions (including, without limitation, your image and voice) for any
purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or
incorporate into other works, such Contributions, and grant and authorize sublicenses of
the foregoing. The use and distribution may occur in any media formats and through any
media channels.
This license will apply to any form, media, or technology now known or hereafter
developed, and includes our use of your name, company name, and franchise name, as
applicable, and any of the trademarks, service marks, trade names, logos, and personal
and commercial images you provide. You waive all moral rights in your Contributions, and
you warrant that moral rights have not otherwise been asserted in your
Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all
of your Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Site. You are
solely responsible for your Contributions to the Site and you expressly agree to
exonerate us from any and all responsibility and to refrain from any legal action
against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or
otherwise change any Contributions; (2) to re-categorize any Contributions to place them
in more appropriate locations on the Site; and (3) to pre-screen or delete any
Contributions at any time and for any reason, without notice. We have no obligation to
monitor your Contributions.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or
other information regarding the Site ("Submissions") provided by you to us are
non-confidential and shall become our sole property. We shall own exclusive rights,
including all intellectual property rights, and shall be entitled to the unrestricted
use and dissemination of these Submissions for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to you. You hereby waive all moral
rights to any such Submissions, and you hereby warrant that any such Submissions are
original with you or that you have the right to submit such Submissions. You agree there
shall be no recourse against us for any alleged or actual infringement or
misappropriation of any proprietary right in your Submissions
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites
("Third-Party Websites") as well as articles, photographs, text, graphics, pictures,
designs, music, sound, video, information, applications, software, and other content or
items belonging to or originating from third parties ("Third-Party Content"). Such
Third-Party Websites and Third-Party Content are not investigated, monitored, or checked
for accuracy, appropriateness, or completeness by us, and we are not responsible for any
Third-Party Websites accessed through the Site or any Third-Party Content posted on,
available through, or installed from the Site, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices, or other policies of or
contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking
to, or permitting the use or installation of any Third-Party Websites or any Third-Party
Content does not imply approval or endorsement thereof by us. If you decide to leave the
Site and access the Third-Party Websites or to use or install any Third-Party Content,
you do so at your own risk, and you should be aware these Terms of Use no longer govern.
You should review the applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from the Site or relating to
any applications you use or install from the Site. Any purchases you make through
Third-Party Websites will be through other websites and from other companies, and we
take no responsibility whatsoever in relation to such purchases which are exclusively
between you and the applicable third party. You agree and acknowledge that we do not
endorse the products or services offered on Third-Party Websites and you shall hold us
harmless from any harm caused by your purchase of such products or services.
Additionally, you shall hold us harmless from any losses sustained by you or harm caused
to you relating to or resulting in any way from any Third-Party Content or any contact
with Third-Party Websites.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of
these Terms of Use; (2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Terms of Use, including without limitation,
reporting such user to law enforcement authorities; (3) in our sole discretion and
without limitation, refuse, restrict access to, limit the availability of, or disable
(to the extent technologically feasible) any of your Contributions or any portion
thereof; (4) in our sole discretion and without limitation, notice, or liability, to
remove from the Site or otherwise disable all files and content that are excessive in
size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a
manner designed to protect our rights and property and to facilitate the proper
functioning of the Site.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy mentioned in
the website. By using the Site, you agree to be bound by our Privacy Policy, which is
incorporated into these Terms of Use. Please be advised the Site is hosted in India. If
you access the Site from any other region of the world with laws or other requirements
governing personal data collection, use, or disclosure that differ from applicable laws
in India, then through your continued use of the Site, you are transferring your data to
India, and you agree to have your data transferred to and processed in India. Further,
we do not knowingly accept, request, or solicit information from children or knowingly
market to children. Therefore, in accordance with India's Children’s Online Privacy
Protection Act, if we receive actual knowledge that anyone under the age of 13 has
provided personal information to us without the requisite and verifiable parental
consent, we will delete that information from the Site as quickly as is reasonably
practical.
USER REGISTRATION
You may be required to register with the Site. You agree to keep your password
confidential and will be responsible for all use of your account and password. We
reserve the right to remove, reclaim, or change a username you select if we determine,
in our sole discretion, that such username is inappropriate, obscene, or otherwise
objectionable.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT
LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT
OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time
or for any reason at our sole discretion without notice. However, we have no obligation
to update any information on our Site. We also reserve the right to modify or
discontinue all or part of the Site without notice at any time. We will not be liable to
you or any third party for any modification, price change, suspension, or discontinuance
of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware,
software, or other problems or need to perform maintenance related to the Site,
resulting in interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Site at any time or for any reason
without notice to you. You agree that we have no liability whatsoever for any loss,
damage, or inconvenience caused by your inability to access or use the Site during any
downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed
to obligate us to maintain and support the Site or to supply any corrections, updates,
or releases in connection therewith.
GOVERNING LAW
These Terms of Use and your use of the Site are governed by and construed in accordance
with the laws of the State of Telangana applicable to agreements made and to be entirely
performed within the State of Telangana, without regard to its conflict of law
principles.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies,
or omissions, including descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors, inaccuracies, or omissions and
to change or update the information on the Site at any time, without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE
SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT
OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR
ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF
THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH
THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE
FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES
ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO $500.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and employees, from
and against any loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your
Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of
your representations and warranties set forth in these Terms of Use; (5) your violation
of the rights of a third party, including but not limited to intellectual property
rights; or (6) any overt harmful act toward any other user of the Site with whom you
connected via the Site. Notwithstanding the foregoing, we reserve the right, at your
expense, to assume the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with our defense
of such claims. We will use reasonable efforts to notify you of any such claim, action,
or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing
the performance of the Site, as well as data relating to your use of the Site. Although
we perform regular routine backups of data, you are solely responsible for all data that
you transmit or that relates to any activity you have undertaken using the Site. You
agree that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such loss or
corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES,
AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby
waive any rights or requirements under any statutes, regulations, rules, ordinances, or
other laws in any jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of credits by any
means other than electronic means.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in
respect to the Site constitute the entire agreement and understanding between you and
us. Our failure to exercise or enforce any right or provision of these Terms of Use
shall not operate as a waiver of such right or provision. These Terms of Use operate to
the fullest extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our reasonable control. If
any provision or part of a provision of these Terms of Use is determined to be unlawful,
void, or unenforceable, that provision or part of the provision is deemed severable from
these Terms of Use and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or agency relationship
created between you and us as a result of these Terms of Use or use of the Site. You
agree that these Terms of Use will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses you may have based on the electronic
form of these Terms of Use and the lack of signing by the parties hereto to execute
these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information
regarding use of the Site, please contact us at:
TechVibeS7 Private Limited
P.No 528, Flat No 402
Kakatiya Hills, Madhapur
Shaikpet, Hyderabad Telangana 500081
contact@techvibes7.com
