Terms of Use

 

PLEASE READ THIS DOCUMENT CAREFULLY. Druidendo Softek Private Limited (("referred to herein as "We" or " Druidendo " or “Company”) offers an online content creation and sharing platform and community through its website located at druidwiz.com and related domains (the "Site"), mobile and desktop applications (the “Mobile App”) (collectively, the "Druidendo Services"). By registering as a member or by using the Druidendo Services in any way, you accept these Terms of Service ("Agreement"), which forms a binding agreement between you and Druidendo. If you do not wish to be bound by this Agreement, do not use the Druidendo Services.

These Terms of Service apply to all users of Druidendo Services, including users who are also contributors ("Submitters") of content, information, and other materials on, or made available through, the Druidendo Services.

BY USING AND/OR VISITING THE SITE AND/OR LINKING TO ANY FILE RESIDING ON ANY OTHER SITE THAT IS ACCESSED VIA THE SITE, YOU GIVE YOUR ASSENT TO THESE TERMS OF SERVICE, INLCUDING THE DOCUMENTS WHICH IS INCORPORATED HEREIN BY REFERENCE (SUCH AS, BUT NOT LIMITED TO, COPYRIGHT POLICY, PRIVACY POLICY AND MOBILE APP ADDENDUM.)

Druidendo may modify or terminate any services offered by Druidendo from time to time (the "Services"), for any reason, and without notice, including the right to terminate with or without notice, without liability to you (except as expressly provided in the applicable terms relating to payment services offered by Druidendo for a fee ("Premium Services")), any other user or any third party. We reserve the right to modify these Terms of Service in our sole discretion without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.

MOBILE APP: Your use of the Druidendo Services through one of our mobile or desktop applications is also subject to our Mobile App Addendum.

If you do not agree to any of these terms, then please do not use this Site or any Druidendo Services.

1.     Who May Use the Druidendo Services

AGE REQUIREMENT: If you are a minor (this depends on where you live), you must have your parent or legal guardian's permission to use the Site or Mobile App. Please have him or her read this Agreement with you.

NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the Site or Mobile App, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's use of the Site or Mobile App. If your child is a minor and is using the Site or Mobile App and does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the Druidendo Services are appropriate for your child, please review our Frequently Asked Questions or contact us.

WARNING: Even if you are old enough to use the Druidendo Service and/or have your parent's or guardian's permission, some of the content available within the Site or Mobile App may not be appropriate for you. For Example some content may contain  nudity, profanity, and mature subject matter. If you are under 18, do not view such content. Content creators are requested to mark the content created appropriately, however, Druidendo is a self-moderated community and you have to use your discretion while viewing content.

2.     Third Party Content Made Accessible by Druidendo

This site displays and/or makes available materials and links to text, graphics, audio or video files, in a variety of formats (such materials, and files that are linked from the Site, are collectively referred to as the "Submissions"), which are uploaded or linked to by Submitters, over whom Druidendo exercises no control. Druidendo cannot and does not screen the Submissions before or after allowing them to be made available to third parties. Submissions may contain material or links to files that some people find objectionable, inappropriate, or offensive. We cannot guarantee that any Submissions made available via the Site will be free of objectionable content. We therefore assume no responsibility for any Submissions on, or otherwise linked to, the Site.

3.     Copyright Infringement Policy

Druidendo responds to notices of alleged infringement that comply with the Copyright Policy. Please view our Copyright Policy for further details.

4.     Privacy

Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about:

·         What information we may collect about you;

·         What we use that information for; and

·         With whom we share that information.

5.     Site Access

 Druidendo hereby grants you permission to use the Site as set forth in these Terms of Service, provided that:

1.     In using the Druidendo Services, you must behave in a civil and respectful manner at all times. Further, you will not:

1.1.   Act in a deceptive manner by, among other things, impersonating any person;

1.2.   Harass or stalk any other person;

1.3.   Harm or exploit minors

1.4.   Distribute "spam”;

1.5.   Collect information about others; or

1.6.   Advertise or solicit others to purchase any product or service within the Site (unless you are an official Druidendo partner or advertiser and have a written agreement with Druidendo)

1.7.   alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose

2.     You will otherwise comply with the terms and conditions of these Terms of Service.

3.     You will at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder  as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations

4.     From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the item-specifics of such items or services so as to mislead other Users in any manner

5.     You shall not attempt to or circumvent or manipulate our Fee structure, the billing process or Fees owed to Druidendo

6.     You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends more request messages to the Druidendo servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Druidendo grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Druidendo reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their Submissions.

7.     Submitters understand and agree that third-party advertising, in any commercially reasonable format, may be made available to users of the Site or to any users of Mobile App, including in connection with uploaded Submissions. Submitters expressly agree that they shall not be entitled to any sharing or other compensation whatsoever for any revenue generated by (or received by Druidendo for) the display of any such advertisements

Druidendo has the right, but not the obligation, to monitor all conduct on and content submitted to the Druidendo Service.

6.     Membership

Registration: To fully use the Druidendo Services, you will have to create an account. You may never use another's account without permission. You must provide complete and accurate registration information to Druidendo and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.

User Name: We encourage you to use your real name as a display name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable. We reserve the right to remove or reclaim your display name if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name) or the name is obscene or otherwise objectionable.

Account Security: You are solely responsible for the activity that occurs on your account, including any activity by unauthorized users. You must safeguard the confidentiality of your password. If you are using a computer or device that others have access to, you must log out of your account after using the Druidendo Services. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately. Although Druidendo will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Druidendo or others due to such unauthorized use.

7.     Content Restrictions

You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:

·         belongs to another person and to which You does not have any right to;

·         infringes any patent, trademark, copyright or other proprietary rights or  third party’s trade secrets or rights of publicity or privacy

·         deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

·         Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);

·         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

·         Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;

·         Exploits or harms minors in any way;

·         Depicts unlawful acts or extreme violence;

·         Depicts animal cruelty or extreme violence towards animals;

·         Impersonates another person

·         contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

·         threatens the unity, integrity, defense, 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

·         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.

·         creates liability for us or causes us to lose (in whole or in part) the services of our ISPs or other suppliers

·         links directly or indirectly to or include descriptions of items, goods or services that are prohibited under the Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under;

·         promotes fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or

·         Violates any law.

Druidendo reserves the right to take down any content from the Site at any time for any reason

8.     SUBMISSIONS DEVELOPED BY DRUIDENDO

Like any written materials, the Submissions authored by Druidendo may become outdated over time. Druidendo undertakes no obligation to correct or update any submission uploaded. Druidendo may make improvements and/or changes in content at any time without notice, and reserve the right to alter or delete content and information from the Site or Mobile App. All Druidendo submission is provided "as is" without any warranties of any kind, either express or implied, including but not limited to the implied warranties as to title, freedom from encumbrance, satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement, all of which are expressly disclaimed to the extent permissible by law. Druidendo makes no claims, promises or guarantees about the accuracy, completeness or adequacy of the content and neither Druidendo nor any affiliate nor any party involved in creating, producing or delivering this submission will be liable for your use of or reliance on content contained on this application under any circumstances, including negligence, breach of statutory duty and misrepresentation and expressly disclaims liability for errors and omissions in the content.

Changes may occur between updates to the Submission that affects the accuracy, performance or functionality of the Application as well as the availability of the information presented. Druidendo takes no responsibility for any errors due to this.

Because of the possibility of errors by the authors, editors, or publishers of the submission as well as any other party involved in the preparation of material contained herein, Druidendo do not represent or warrant that the information contained herein is in every respect accurate or complete. Likewise, Druidendo is not responsible for any errors or omissions or for the results obtained from the use of such material. Druidendo, its officers, directors, employees, authors, editors, managers and project members, its direct or indirect subsidiaries, affiliates, agents or representatives of Druidendo shall not be held liable for any loss or damages caused as a result of the use of any of the information contained herein. Users are hereby advised when making use of any information obtained by this means from this application to verify the information independently.

All trademarks and copyrights referenced are the sole property of their respective owners. Reference in this Application to any specific product, process or service or the use of any trade, firm or corporation name is for information purpose only.

Certain information like laws, definitions and facts are used AS IS and fall under fair use doctrine of United States copyright law.

9.     Intellectual Property Rights

All content on the Site, other than the Submissions displayed on the Site or otherwise made available via the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Druidwiz Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Druidendo, subject to trademark, copyright and other intellectual property rights under Indian and foreign laws and international conventions. Druidwiz Content, and Submissions made available on or via the Site, are provided to you AS IS for your information and personal and business use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Druidendo or the respective owners of such Submissions. Druidendo reserves all rights not expressly granted in and to the Site, Mobile App and the Druidwiz Content. You agree to not engage in the use, copying, or distribution of any of the Druidwiz Content or Submissions, other than expressly permitted herein, including any use, copying, or distribution of Submissions of third parties obtained through the Site for any commercial or service bureau purposes. If you download or print a copy of any Druidwiz Content or Submissions for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or Mobile App or features that prevent or restrict use or copying of any Druidwiz Content or Submissions, or enforce limitations on use of the Site Mobile App or the Druidwiz Content or Submissions displayed or made available therein.

10.   Submissions

If you are a Submitter, you understand that whether or not your Submissions are displayed or otherwise made available, Druidendo does not guarantee any confidentiality or security with respect to any such Submissions.

You shall be solely responsible for your Submissions and the consequences of posting or publishing them. In connection with Submissions, you affirm, represent, and/or warrant that:

·         You own or have the necessary licenses, rights, consents, and permissions to use and authorize Druidendo to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submissions to enable inclusion and use of the Submissions in the manner contemplated by the Site and these Terms of Service.

·         You have the written consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submissions in the manner contemplated by the Site and these Terms of Service.

Nothing in these Terms of Service change, affect or diminish in any way whatever rights Submitters may have in the Submissions. By submitting the Submissions to Druidendo, however, you hereby grant Druidendo a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Submissions in connection with the Site and Druidendo (and its successor's) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels (except to the extent limited by, and expressly stated in the applicable additional terms and conditions for, Premium Services offered by Druidendo). You also hereby grant each user of the Site (subject to such limitations, if any, that may apply with respect to Premium Services) a non-exclusive license to access your Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submissions as permitted through the functionality of the Site and Mobile App and under these Terms of Service. Certain Submissions may be provided with, and subject to, other licenses, such as the Creative Commons license, which may affect how you use those Submissions. Users of such Submissions may see the specific licenses referred to, and included via links included, in any such Submission. Submitters who make their Submissions available subject to any such third-party licenses hereby agree to comply with all policies and conditions associated with such use and distribution. For more information about Creative Commons, please check creativecommons.org.

The above licenses will continue unless and until you delete your content from the Druidendo Site, in which case the licenses granted to Druidendo will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note, content purchased or downloaded by users to their devices will not be deleted and license granted to users who have purchased or downloaded the content will continue indefinitely. Also please note that removed content may be cached in search engine indices after removal and that Druidendo has no control over such caching.

You hereby represent and warrant that you will not:

·         Upload to or make available via the Site or Druidendo Services any Submission containing material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Druidendo all of the license rights granted herein.

·         Publish falsehoods or misrepresentations that could damage Druidendo or any third party;

·         Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.

·         Post advertisements.

·         Impersonate another person. Druidendo does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and Druidendo expressly disclaims any and all liability in connection with Submissions.

Druidendo does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and Druidendo will remove all Submissions if properly notified that such Submission infringes on another's intellectual property rights. Druidendo reserves the right to remove Submissions without prior notice. Druidendo will also terminate a User's access to its Site, if they are determined to be a repeat infringer as per the Repeat Infringer Policy (defined our Copyright Policy). A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a Submission removed from the Site more than twice. Druidendo also reserves the right to decide whether any Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Druidendo may remove such Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

You understand that when using the Druidendo Site, you will be exposed to Submissions from a variety of sources, and that Druidendo is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Druidendo with respect thereto, and agree to indemnify and hold Druidendo, its officers, directors, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

Submitters understand and agree that third-party advertising, in any commercially reasonable format, made be made available to users of the Site or Mobile App, including in connection with uploaded Submissions. Submitters expressly agree that they shall not be entitled to any sharing or other compensation whatsoever for any revenue generated by (or received by Druidendo for) the display of any such advertisements.

Druidendo reserves the right to remove Submissions at any time, without notice or recourse, should Druidendo decide in its sole discretion that it is appropriate or desirable to remove a Submission.

11.   Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, DRUIDENDO DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY SUBMISSIONS.

THE DRUIDENDO SERVICES, AND ALL SUBMISSIONS AND OTHER MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE DRUIDENDO SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. DRUIDENDO AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. DRUIDENDO AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE DRUIDENDO SERVICES. DRUIDENDO AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH ANY SUBMISSION OR ANY DRUIDENDO SERVICE. DRUIDENDO AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR IN CONNECTION WITH ANY DRUIDENDO SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE DRUIDENDO SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE DRUIDENDO SERVICES.

YOU AGREE THAT YOUR USE OF THE SITE AND ALL SUBMISSIONS SHALL BE AT YOUR SOLE RISK.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE DRUIDENDO SERVICES, INCLUDING BUT NOT LIMITED TO ANY SUBMISSION(S) AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA, INCLUDING SUBMISSIONS.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

12.   LIMITATION OF LIABILITY

DRUIDENDO, ITS OFFICERS, DIRECTORS, EMPLOYEES, ITS DIRECT OR INDIRECT SUBSIDIARIES , AFFILIATES, AGENTS OR REPRESENTATIVES ASSUME NO LIABILITY OR RESPONSIBILITY FOR, AND NOTWITHSTANDING ANY OTHER PROVISION HEREOF, IN NO EVENT SHALL DRUIDENDO, ITS OFFICERS, DIRECTORS, EMPLOYEES, ITS DIRECT OR INDIRECT SUBSIDIARIES , AFFILIATES, AGENTS OR REPRESENTATIVES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER , NOR FOR ANY LOST PROFITS OR REVENUES, IN CONNECTION WITH OR ARISING FROM THIS AGREEMENT OR  RESULTING FROM, ANY

PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR MOBILE APP,

ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,

ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR MOBILE APP

ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, OR SITES LINKED TO BY THIS SITE, BY ANY THIRD PARTY, AND/OR

ANY ERRORS OR OMISSIONS IN ANY SUBMISSION(S) OR OTHER CONTENT MADE AVAILABLE BY DRUIDENDO, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SUBMISSION(S) OR OTHER CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN ANY EVENT, THE COMPANIES AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO DRUIDENDO OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S).

DRUIDENDO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY ADVERTISING, AND DRUIDENDO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

YOU SPECIFICALLY ACKNOWLEDGE THAT DRUIDENDO SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Site is controlled and offered by Druidendo from its facilities in India. Druidendo makes no representations that the Site or Mobile App is appropriate or available for use in other locations. Those who access or use the Site or Mobile App from other jurisdictions do so at their own volition and are responsible for compliance with local law.

13.   Indemnity

You agree, at your own expense, to defend, indemnify and hold harmless Druidendo, its parent corporation, officers, directors, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees, expert witness fees and costs of settlement) arising from:

·         your use of and access to the Druidendo Services;

·         your violation of any term of these Terms of Service;

·         your violation of any third party right, including without limitation any copyright, property, or privacy right; or

·         any claim that one of your Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Site.

14.   Third Party Copyrights and Other Rights

Druidendo respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Copyright Policy, which is incorporated into this Agreement. For other intellectual property claims, please send us a notice at contact@druidendo.com

15.   Term and Termination

Term: This Agreement begins on the date you first use the Druidendo Service and continues as long as you have an account with us.

Termination by User: You may delete your account at any time by notifying us. Basic accounts may be deleted from the Druidendo Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Subscription accounts will remain active until the end of the subscription term and any renewal term.

Termination by Druidendo: You agree that, notwithstanding anything herein to the contrary,  Druidendo, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Content within the Site, for any reason, including, but not limited to : (i) violation of the Agreement, (ii) violation of any applicable law, (iii) required by governing authority or (iv) lack of use (v) repeat infringement as defined in the Copyright policy. Druidendo may also in its sole discretion and at any time move, change or suspend any part of service, discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Druidendo Services under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Druidendo may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site.

Effect of Termination/Account Deletion: Upon termination, all licenses granted by Druidendo will terminate. Sections 10 through 14 and 16 shall survive termination. You agree that in the event of account deletion for any reason, content that you submitted may no longer be available. Further, you agree that Druidendo shall not be liable to you or any third-party for any termination of your access to the Site.

16.   Subscription to Beta Service

We may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Druidendo will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason

17.   Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are not a minor. If you are a minor (this depends on where you live), you confirm that your parent or legal guardian has read and accepted the Terms of Services as well on your behalf.

18.   General Provisions

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you without Druidendo’s prior written consent, but may be assigned by Druidendo without restriction. Under no circumstances shall Druidendo or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Arbitration: If any dispute arises between you and Druidendo during your use of the Druidendo Services or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Agreement or the documents it incorporates by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Druidendo. The place of arbitration shall be Hyderabad. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

Governing Law: These Terms of Service will be governed by and construed in accordance with the laws of India, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. Any provision of this Agreement which is invalid, prohibited or unenforceable in any jurisdiction shall: (i) be ineffective in that jurisdiction to the extent of the invalidity, prohibition or unenforceability; (ii) not invalidate the remaining provisions of this Agreement; and (iii) not affect the validity of that provision in any other jurisdiction. No failure or delay by Druidendo in exercising any right hereunder will waive any further exercise of that right. Druidendo’s rights and remedies hereunder are cumulative and not exclusive.

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Druidendo electronically. Druidendo may provide all such communications by email or by posting them on the Druidendo Services. You may send notices of a legal nature to Druidendo at contact@druidendo.com. Nothing herein shall limit Druidendo's right to object to subpoenas, claims, or other demands.

Entire Agreement: These Terms of Service (along with all terms and policies linked from these Terms of Service, which are incorporated by reference) constitute the entire agreement between the parties with respect to the Druidendo Services provided or offered by Druidendo.

No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Druidendo‘s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Your use of the Site following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

YOU AND DRUIDENDO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE AND/OR ANY SERVICES PROVIDED BY DRUIDENDO MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

Druidendo reserves the right, at its sole discretion, to modify or terminate the Site or Services, or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" in these Terms of Service. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are telling us that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only option is to stop using the Site, Mobile App and the Services.

This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Last updated: May 23rd, 2013

 

Mobile App Addendum

1.     GENERAL

By installing the Application (as defined below) and/or viewing any content through this Application, you agree to be bound by these terms of use (“Appterms”) as well as the Terms of Service (Agreement) provided in www.druidwiz.com/terms. Please review them carefully before installation and/or acceptance. By using the Application in any way, you accept this Appterms and Terms of Service ("Agreement"), which forms a binding agreement between you and Druidendo. If you do not wish to be bound by this Agreement, do not use the Application.

2.     DEFINITIONS

The “Application” shall mean this software provided by Druidendo Softek Private Limited. (hereinafter “Druidendo”) to be used on any electronic devices on which the Application is compatible with, including any future or existing upgrades and any other software or documentation provided by Druidendo which enables the use of the Application.

3.     PROPRIETARY RIGHTS AND LICENCE

All trademarks, copyright, database rights and other intellectual property rights of any nature in the Application together with the underlying software code are owned either directly by Druidendo or by Druidendo’s licensors.

Druidendo hereby grants you a worldwide, non-exclusive, royalty-free revocable license to use the Application for your non-commercial, personal use in accordance with these Appterms. In connection with viewing and using this application, you are permitted to temporarily download one copy of the application onto a single mobile device for your personal, non-commercial use only

Druidendo name and logos are trademarks and may not be used without our written consent. You agree that all the materials displayed on or available through the application, including without limitation any and all names, logos, data, information, graphics, underlying software, displayed on or available from this website are protected by copyright, trademark and other intellectual property laws and are available for your personal use only.

You must not copy, modify, alter, download, publish, broadcast, distribute, sell or transfer any such materials unless expressly provided for in these Terms or with our express written permission. All rights not expressly granted herein are reserved. Downloading or viewing of any information, content or images as part of the application does not transfer any right or ownership of such information, content or images to you and such information, content or images may be used solely in accordance with these Terms. All copyright and other proprietary notices contained in downloadable materials must be retained.

4.     CONTENT

Druidendo makes no representations or warranties as to the timeliness, availability, accuracy or completeness of any information contained on this application. Like any written materials, the information provided on this application may become outdated over time. Druidendo undertakes no obligation to correct or update any content or information on this application. Druidendo may make improvements and/or changes in content about the products or services described on this application at any time without notice, and reserve the right to alter or delete content and information from this application at any time. All Druidendo application content is provided "as is" without any warranties of any kind, either express or implied, including but not limited to the implied warranties as to title, freedom from encumbrance, satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement, all of which are expressly disclaimed to the extent permissible by law. Druidendo makes no claims, promises or guarantees about the accuracy, completeness or adequacy of the content and neither Druidendo nor any affiliate nor any party involved in creating, producing or delivering this site will be liable for your use of or reliance on content contained on this application under any circumstances, including negligence, breach of statutory duty and misrepresentation and expressly disclaims liability for errors and omissions in the content.

Changes may occur between updates to the Application that affects the accuracy, performance or functionality of the Application as well as the availability of the information presented. Druidendo takes no responsibility for any errors due to this.

Because of the possibility of errors by the authors, editors, or publishers of the works contained in this application as well as any other party involved in the preparation of material contained herein, Druidendo do not represent or warrant that the information contained herein is in every respect accurate or complete. Likewise, Druidendo is not responsible for any errors or omissions or for the results obtained from the use of such material. The authors, editors, managers and project members of Druidendo shall not be held liable for any loss or damages caused as a result of the use of any of the information contained herein. Users are hereby advised when making use of any information obtained by this means from this application to verify the information independently.

All trademarks and copyrights referenced are the sole property of their respective owners. Reference in this Application to any specific product, process or service or the use of any trade, firm or corporation name is for information purpose only.

Certain information like laws, definitions and facts are used AS IS and fall under fair use doctrine of United States copyright law.

This application and content might use content or libraries which are owned or licensed to Druidendo or used by us with permission from the owners.

5.     Link to other websites

Links to other websites are provided for your convenience. We do not control these other websites and we cannot be responsible for the content or accuracy of the information or other material on these websites. Unless expressly stated on this application, the provision of a link to an external website does not constitute an endorsement or approval of that website or any of the products or services on that website. You should seek independent expert advice if you have any concerns regarding what services, products or solutions may be suitable for you. We will not be liable for any damages or injury arising from your access to such sites or content. If you choose to leave the Druidendo application via links to other unaffiliated sites, including those of advertisers, we are not responsible for the privacy practices of those sites.

Before disclosing your personal information or using other websites, we recommend that you examine the privacy policies as well as the terms and conditions of those websites, as they may differ from this application.

6.     CONDITIONS OF USE

You will not, nor allow third parties on your behalf to (i) make and distribute copies of the Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (iii) create derivative works of the Application of any kind whatsoever.

Druidendo reserves the right to amend or withdraw the Application, or make any changes in the services provided through this application, at any time and for any reason.

You acknowledge that the terms of agreement with your respective mobile network provider (‘Mobile Provider’) will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.

If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application.

You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the application, and that you will not take any action that imposes an unreasonable or disproportionately large load on the application. In addition, you agree that you will not use any automatic device, or manual process to monitor or copy our application pages or the content contained herein, without the prior express consent of an authorized Druidendo representative.

7.     AVAILABILITY

Druidendo will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside Druidendo’s reasonable control.

Druidendo not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.

8.     SYSTEM REQUIREMENTS

In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ('Software Requirements').

The Software Requirements are as defined in the release notes for the version of the Application downloaded.

The version of the Application software may be upgraded from time to time to add support for new functions and services.

9.     Modification of Terms of Service

We may modify the Terms upon notice to you at any time. You will be provided notice of any such modification by publishing the changes on the application Terms & Condition page in the website http://www.druidwiz.com/?q=content/terms-use. You may terminate your use of the Services if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. Your continued use of the Service after notice of any change to the Terms will be deemed to be your agreement to the amended Terms.

10.   DISCLAIMER OF WARRANTIES

The Application and software are provided "AS IS" and "as available" without warranty of any kind, implied, expressed, or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose or freedom from virus, is given with respect to the contents of this Application.

11.   Contact Us

You queries, please contact us at:

contact@druidendo.com

Last updated: May 23rd, 2013