Terms and ConditionUser Agreement (BrandDemo) The following describes the terms on which BrandDemo offers you access to our services. Welcome to the user agreement (the "Agreement" or "User Agreement") for BrandDemo.com. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of BrandDemo (the "Site"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services. User Eligibility This Site is available only to those who can form legally binding contracts under applicable law. BrandDemo is an online platform for Brand Building using Logos and punch line. The Site functions as a communication channel for your brands, trademark, logos and punchlines. It allows people to know your brands, know the products in which the brand deals with and allows to put criticism against brands. BrandDemo is not directly involved in the actual ownership of these brands. Ownership, correctness of brand information and details provided for the brand is not the responsibility of BrandDemo. As a result, BrandDemo has no control over the truth, accuracy, quality, legality, or safety of postings made by users. Because verifying the identity of a user on the Internet is difficult, BrandDemo cannot and does not confirm the identity of users. BrandDemo also does not confirm nor verify the users who submits the Brands. Therefore, we recommend that you be careful and exercise common sense and good judgment when dealing with any User on the Site. Because BrandDemo assists users in listing brands/trademarks and advertise their product, BrandDemo is considered the value add for corporate Brands. Presently it is free for first three months upto February 2010 but BrandDemo will start charging fee after this. Site Improvements We may modify or discontinue this Site and the services available at it without notice or liability to you. It is the responsibility of the user to ensure that they abide at all times to the posted Terms and Conditions on the BrandDemo Website. Your Relationship with Advertisers, and Users Your correspondence with advertisers, or users on the Site and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser, or user. You agree not to hold BrandDemo liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers, or users on the Site. Third Party Content, Verification and Monitoring BrandDemo is a distributor (and not a publisher) of content supplied by any third parties and users of this Site. BrandDemo has no editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, and users, are those of the respective author(s) or distributor(s) and not of www.BrandDemo.com . BrandDemo neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on this Site by anyone other than authorised BrandDemo employees acting in their official capacities. You understand and acknowledge that BrandDemo is not responsible for and does not monitor content for accuracy or reliability. BrandDemo Fees and Charges BrandDemo is free to use site for first three months. After February 2010, BrandDemo will charge the following fees for Branding which includes Logo/trademark upload with a punch line with other details as . asked in Upload your Brand. The details of fees are: For Corporate Logo and Punch line upload (using www.branddemo.com/brandupload.php)
For branding companies, surveys (using all other form submit except article submission, brand research submission and Brand Upload):
For advertisement using Brand TV for a duration of 1.5 Min rotating after every 20 advertisement(For advertisement in Brand TV please email us at marketing@branddemo.com)
For other visual advertisement in Home Page or inner pages based on available space
However BrandDemo can change the fee structure at any time. New fee structure will be applicable only to new corporate users. Taxes, Licenses, and Certifications BrandDemo does not pay any taxes on behalf of the Users of the Site. As a User you agree that you are solely responsible to determine what taxes, if any, apply to you and to pay any such taxes. We recommend that you seek advice from a tax professional. Brand Critique As a User, you will be able to post Brand Critique. Brand Critique should be in a healthy language to enhance competitiveness and uplift the product or services. In no circumstances derogatory, filthy or blasphemy remarks be used in the site. Posting of Information on the Site As a User, You will be allowed to post information, data and text, videos logos and pictures to publicly accessible and limited-access areas of the Site. You are not allowed to post logos, seals or slogans from third parties on any part of the Site. In order to operate the Site, BrandDemo must have certain rights. Consequently, when You post information, text, files, links, attachments, videos, pictures or other materials ("Content") to publicly visible areas of the Site, You are granting, or warranting that the owner of such Content has expressly granted, a worldwide, royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to use, reproduce, modify, transmit, distribute, perform, display and delete such Content (in whole or in part) and/or to incorporate such Content in other works in any form, media or technology now known or later developed. You must use good judgment when posting information, remarks or other Content regarding other users, service providers, BrandDemo or any other third party. You may be held legally responsible for damages suffered by other Users, BrandDemo or third parties as a result of legally actionable or defamatory comments, remarks or other information or Content which you post to BrandDemo Site. BrandDemo is not legally responsible for any remarks, information or other Content posted or made available on its Site by any User or third party, even if such information or Content is defamatory or otherwise legally actionable. BrandDemo is not responsible for and does not monitor or censor Content for accuracy or reliability. However, BrandDemo reserves the right to remove or restrict access to any information or Content posted or made available on its Site by its users or any third party if ordered to do so by a court or if BrandDemo considers such information or Content to be in violation of its Use Agreement or posted rules or policies, including information or Content BrandDemo considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, illegal, overly disparaging or deprecating of BrandDemo or other users or otherwise objectionable. The BrandDemo user must be the creator/owner or legal person representing the owner of the details being uploaded or be lawfully allowed to use the logo Item which he or she lists. The physical address of the BrandDemo user, their fax or telephone, an email address or a website address are all considered as contact information. Contact information will not be made public. Provide Accurate Information You agree to provide true, accurate and complete information as prompted by the registration form, and maintain and update such information to maintain its truth, accuracy and completeness. Whenever you post any information on or to the Site, you agree to provide true, accurate and complete information. BrandDemo reserves the right to terminate your account upon the discovery that the information you provided or posted is not complete or accurate. Your BrandDemo details may not be transferred or sold to another party. Your Password You must safeguard the User ID and password you use to access this Site. You authorise us to assume that any person using the Site with Your User ID and password either is You or is authorised to act for you. At present there is no member registration service required in the site. Privacy Please see our Privacy Policy, which is incorporated herein by reference. User Obligations You agree NOT to do any of the following while using the Site:
Penalties Without limiting BrandDemo ’s other remedies, we may issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide any services to You (a) if You breach any terms and conditions of this Use Agreement or the agreements incorporated herein by reference, including our written policies and procedures posted on the Site; (b) if We are unable to verify or authenticate any information You provide to Us; or (c) if We believe that your actions may cause legal liability for You, our users or for BrandDemo. Once temporarily suspended, indefinitely suspended or terminated, you may not continue to use BrandDemo service under the same account, a different account or reregister under a new account. Violations of this Use Agreement will be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions, as defined below. We expressly reserve the right to institute additional penalties and fees for repeated violations of the use Agreement and/or our written policies and procedures posted on the Site. Notices BrandDemo will provide notices by posting them on the Site and you agree to check the Site for notices. You also authorize BrandDemo to send notices to You, at BrandDemo 's discretion, via email unless You otherwise indicate in writing to BrandDemo. Regardless of whether BrandDemo sends an email notification, You will be considered to have received a notice when it is made available to you by posting on the Site. Cancellation We may cancel your membership if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of this Use Agreement, or violated our rights or those of another party. BrandDemo reserves the right to terminate any user for any reason, at its sole discretion. We will notify you if We cancel your membership, unless in our judgment giving notice would cause a risk of further violation or damages. However, we will notify you that your account will be cancelled if the law requires such notification. When your membership is cancelled, you may no longer have access to data, messages, files and other material You keep on the Site. The material may be deleted along with all Your previous posts. The provisions entitled "Errors and Disclaimer of Warranties," "Indemnity," "Limitation of Liability," "Audit Provisions and Maintaining Records," "Reservation of Rights," and "General Provisions" will survive cancellation of your registration. If BrandDemo terminates this Use Agreement based upon Your breach of any portion of the Use Agreement, BrandDemo reserves the right to refuse to provide registration and/or membership to you in the future. Protection of Copyrights and Trademarks The Site contains trademarks and other material furnished by BrandDemo , its licensors, and other users. You should assume that everything you see or read in publicly viewable areas of the Site that was not furnished or received by You (such as images, photographs, illustrations, text and other materials) ("Site Content") is copyrighted unless otherwise noted. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of BrandDemo or the rights holder. you may not use the Site Content on any other web site or in a networked computer environment for any purpose except your own personal viewing. In order to protect BrandDemo 's and its Licensor's trade secrets, You agree that You will not 'reverse engineer' any Site Content consisting of downloadable software, unless specifically authorized by the owner or otherwise permitted by law. If you violate any of these terms, your permission to use the Site Content will automatically terminate; you must immediately destroy any copies you have made of the Site Content; and we may revoke Your authorization to use the Site. Reproduction This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by BrandDemo . BrandDemo and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel service requests or memberships in its discretion, including, without limitation, if BrandDemo believes that a User's conduct violates applicable law or is harmful to the interests of BrandDemo and its affiliates. Intellectual Property Policy BrandDemo respects the intellectual property of others and expects our users to do the same. At our discretion and in appropriate circumstances, BrandDemo may terminate the accounts of users who infringe upon the intellectual property rights of others. Links The Site may contain links to other web sites or resources. You acknowledge and agree that BrandDemo is not responsible or liable for (i) the availability or accuracy of such sites or resources, or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that We endorse the linked site. You use the links at your own risk. Limitation of Liability NEITHER BRANDDEMO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SITE CONTENT) SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE AND THE SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL BRANDEMO 's LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF ANY USE OF THIS SITE EXCEED $10. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to you. BrandDemo is not responsible for any liability related to the completion, timeliness, adequacy listed on our Site. Any questions, complaints or claims related to the completion, timeliness, adequacy should be directed to the appropriate BrandDemo users. If your use of the Site results in the need for servicing or replacing property, material, equipment or data, BrandDemo are not responsible for those costs. Reservation of Rights; Limited Licenses BrandDemo and its licensors shall retain all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how and trade secrets relating to the Site. User acknowledges that the BrandDemo logo and name are trademarks of BrandDemo, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols on the Site may be the trademarks of their respective owners. Except where expressly provided by BrandDemo, nothing in this Use Agreement shall be construed to confer any license under any of BrandDemo's or any third party's intellectual property rights, whether by estoppel, implication, or otherwise. Errors and Disclaimer of Warranties YOU USE THE SITE AT YOUR RISK. We endeavour to provide a convenient and functional Site, but We do not guarantee that it will be error free or that the Site or the server that operates it are free of viruses or other harmful components. We urge you to keep backup copies of material You maintain on or use with the Site. As mentioned above, we remind You to be careful in Your dealings with other users. Without limiting the foregoing, EVERYTHING ON THE SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SITE CONTENT) IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You. BRANDDEMO MAKES NO WARRANTY THAT THE SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SITE CONTENT) WILL MEET USER'S REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM BRANDEMO OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Indemnity You agree to defend, indemnify, and hold harmless BrandDemo , its officers, directors, employees, agents and partners, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from Your use of the Site or the Site Content, including without limitation claims against BrandDemo for unsatisfactory performance of services listed on the Site, or Your violation of this Use Agreement. Dispute Resolution Disputes come in all shapes and sizes, from arguments over barking dogs or fences to altercations about goods bought or sold, conflicts with family members, problems in the workplace or disagreements over property damage. Many disputes can be resolved through communication and negotiation, which can help to reduce costs, delays and legal action. Most States have a Dispute Settlement Centre which normally provides a free service and can offer advice and tips for dealing with matters yourself. These Centre’s also provide neutral, objective mediators to help you resolve disputes of any size or complexity. All cases will be resolved in the court in Korba, Chattishgarh, India. There are also Industry Based Ombudsman Schemes that can help with tips for following up on conflicts or complaints. General Provisions You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content may not be legal by certain persons or in certain countries. If any part of this Use Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Use Agreement is personal to you and you may not transfer, assign or delegate this Use Agreement to anyone without the express written permission of BrandDemo . Any attempt by you to assign, transfer or delegate this Use Agreement without the express written permission of BrandDemo shall be null and void. This Use Agreement and any registration for or subsequent use of the Site will not be construed as creating or implying any relationship of agency, independent contractor, franchise, partnership, or joint venture between any User and BrandDemo. The law of Chattishgarh, India, without regard to its conflicts of law provisions, will govern this Use Agreement. The paragraph headings in this Use Agreement, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. The Use Agreement and the agreements referenced in this Use Agreement comprises the entire agreement between You and BrandDemo with respect to the use of the Site and supersedes all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any web site that links-to or is linked-from the Site. Please print out a copy of this User Agreement for Your records. |
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