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TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING/USING THIS WEBSITE. YOUR ACCESS OR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. PLEASE DO NOT USE THIS WEBSITE UNLESS YOU AGREE WITH THESE TERMS AND CONDITIONS OF USE.

This website (“Site”) and all content and material contained herein including but not limited to all information, design, layout, text, pictures, audio-visual material, graphics, illustrations, technical drawings, configurations, data, data fields, flash presentations, code, underlying technology, software, content deliver mechanism, plug-ins and other files (“Content”) have been provided and administered by Breakbounce India Limited (“Breakbounce”, which expression shall, unless repugnant to the context, mean and include all their affiliates, administrators, representatives, agents, legal heirs and assigns) and its licensors. Any person accessing, utilising or otherwise using or interacting with the Site or any part thereof, directly or indirectly, in any manner whatsoever (“User”) shall be subject to and shall abide by and conform to these Terms and Conditions of Use as may be amended or altered by Breakbounce (“Terms of Use”).

1 Proprietary Rights

All Content on this Site is protected by copyrights, trademarks, service marks, patents or other intellectual property and proprietary rights and laws and is owned by Breakbounce or its affiliates or its licensors. All Content contains proprietary and confidential information of Breakbounce.

2 Limited License

Except as expressly provided in this paragraph, Breakbounce has and shall continue to retain all title, right and interest in the Site and the Content therein. Breakbounce grants the User a temporary, non-exclusive, non-transferable, conditional, limited right to access, use and display this Site and the Content therein, subject to the conditions provided below. The User shall have no right or interest in the Site or the Content unless as expressly provided herein.

(i) The Content may not be modified, downloaded, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without prior written permission of Breakbounce, except as provided above;
(ii) The User may not republish the Content on any internet, intranet or extranet site or incorporate the Content in any other database or compilation;
(iii) The User may not create any derivative works from the Content;
(iv) The User may not extract, collect or harvest, through electronic means or otherwise, any Content, including but not limited to customer identities or contact information;
(v) The User may not use the Content for any purposes competitive with or derogatory to Breakbounce;
(vi) The User may not associate the Site or the Content with, provide links from or display alongside any material that may be vulgar, obscene, pornographic, misleading, defamatory, libellous, offensive, derogatory, threatening, harassing, abusive or violent nature, or such that it is proscribed under applicable law or infringes third party rights;
(vii) The User must retain, on all copies of the Content downloaded, all copyright and other proprietary notices contained in the Content;
(viii) The User may not modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose;
(ix) This Site, including all Content, is copyrighted and protected by worldwide copyright laws and treaty provisions. The User agrees to comply with all copyright laws worldwide in the User’s use of this Site and to prevent any unauthorized copying of the Content;
(x) The User agrees to abide by the Conditions of Use provided in paragraph 3 and all additional restrictions displayed on the Site as it may be updated from time to time;
(xi) The User agrees to destroy any and all copies, records or transcripts of the Content upon Breakbounce’s request;
(xii) The User shall use prevent and shall not directly or indirectly through any means whatsoever, permit, abet or assist any access or use of the Site or Content in a manner not expressly provided or permitted herein; and
(xiii) This limited and conditional license may be revoked at any time by Breakbounce.

All trademarks on the Site are either trademarks or registered trademarks of Breakbounce or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Breakbounce. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Breakbounce or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Breakbounce. Other trademarks, registered trademarks, product names, and company names or logos displayed on the Site are the property of their respective owners.

Any software, including any files, images generated by the software, code, and data accompanying the software, used or accessible through this Site may be used by the User solely for accessing and using this Site for purposes expressly stated on the Site. Breakbounce retains full and complete title to all intellectual property rights and other proprietary rights subsisting in or used in relation to such software. The User agrees not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any such software.

3 Conditions of Use

3.1 General

The User agrees:

(i) not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked websites;
(ii) not to disrupt or interfere with any other User’s enjoyment of the Site or affiliated or linked websites;
(iii) not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;
(iv) not to use or attempt to use another’s account, service or system or create or use a false identity on this Site;
(v) not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
(vi) not to divulge the User’s username and password to others either on or off the Site; and
(vii) not to attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access.

3.2 Online Communications and Interactive Areas

Except as otherwise provided in the Privacy Statement, the User agrees that any communications transmitted to anyone through the Site or copyrighted works posted by the User on the Site or to any other website using any feature provided by the Site, including, without limitation, questions, comments, suggestions, reviews, descriptions, ideas, plans, notes, drawings, configurations, specifications, purchase orders, quotes or requests for quotes, performance data, account information, or other material, data or information (“User Content”), are non-confidential and upon transmission of such User Content the User grants to Breakbounce an irrevocable, non-exclusive, royalty-free, sub-licensable, world wide license to use such User Content in any media for any purpose.

The User may not post or otherwise disseminate on or through the Site, User Content that is unlawful, harassing, libellous, tortious, abusive, offensive, threatening, or obscene, or materials which infringe or violate any third party’s copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that evidences bigotry, racism, sexism, or hatred, or that promotes illegal activities. In addition, the User shall follow such other instructions, regulations or rules as may be specifically prescribed by Breakbounce for the use of certain features and facilities of the Site.

Breakbounce reserves the right but not the obligation to remove any User Content it deems objectionable, in its sole discretion and without any reference to the User. The User agrees to hold harmless Breakbounce and its affiliates and parties with whom Breakbounce has contracted for purposes of hosting or maintaining this Site from all claims based upon any User Content posted by others or the use by third parties of this Site.

3.3 Advertisements

Some of the services, facilities or features of the Site are supported by advertising revenue and the Site may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Site, queries made through the Site or other information. The manner, mode and extent of advertising by Breakbounce on the Site are subject to change without specific notice to the User. In consideration for Breakbounce granting the User the limited and conditional access to and use of the Site and the Content therein, the User agrees that Breakbounce may place such advertising on the Site.

3.4 External Links to this Site

All links to the Site shall be subject to the following conditions and any person providing such links shall ensure that the below conditions are complied with:

(i) the link is a text-only link containing only the URL address of the target page;
(ii) the link shall not point or direct to any page of the Site to which external links are specifically prohibited by Breakbounce;
(iii) the link, when activated by a User, displays that page full-screen in a fully operable and navigable browser window and not within a frame on the linked website;
(iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Breakbounce nor be such as to damage or dilute the goodwill associated with the name and trademarks of Breakbounce or its affiliates; and (v) Breakbounce reserves the right to revoke this consent to link at any time in its sole discretion.

4 PRIVACY STATEMENT

The User agrees and acknowledges that Breakbounce may use data and information including personal information in accordance with the Privacy Statement of Breakbounce.

5 DISCLAIMERS

This Site and the Content available through it are provided on an "as is" and "as available" basis. The User expressly agrees that use of this Site and/or its Content is at the User’s sole risk.

To the fullest extent permissible pursuant to applicable law, Breakbounce disclaims all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. The User expressly agrees that use of this Site, including all Content, data distributed by, downloaded or accessed from or through the Site, is at the User’s sole risk. The User understands and agrees that the User will be solely responsible for any damage to the User’s business, the User’s computer system or loss of data that results from the download of such Content, data and/or software.

[The User understands and acknowledges that the Site is being provided as a “Beta Product” and is made available inter alia for the purpose of providing Breakbounce on the quality and usability of the Site. The Site may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information. The User assumes all risks and all costs associated with the use of the Site, including, without limitation, any internet access fees, back-up expenses, costs incurred for the use of any device and peripherals, and any damage to any equipment, software, information or data.] [AM Note: To be confirmed by Breakbounce.]

Breakbounce assumes no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of any advice, opinion, statement or other content or of any products or services distributed or made available by third parties through the Site. Breakbounce does not make any warranty that this Site or its Content will meet the User’s requirements, or that this Site or its Content will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected; nor does Breakbounce make any warranty as to the results that may be obtained from use of this Site or its Content or as to the accuracy, completeness or reliability of any information obtained through use of this Site.

The User acknowledges that Breakbounce does not control information, products or services offered by third parties through the Site.

Breakbounce assumes no responsibility for any damages suffered by a User, including, but not limited to, loss of data from delays, non-deliveries of Content or email, errors, system down time, mis-deliveries of Content or email, network or system outages, file corruption, or service interruptions caused by the negligence of Breakbounce, its affiliates, its licensors, or a User's own errors and/or omissions. Breakbounce disclaims any warranty or representation that confidentiality of information transmitted through the Site will be maintained. No advice or information, whether oral or written, obtained by the User from Breakbounce or through the Site shall create any warranty not expressly stated in writing.

As a convenience to the User, Breakbounce may provide, on this Site, links to web sites operated by other entities. If the User uses these sites, the User may leave this Site based on the User’s browser settings and may not be able to complete or may have to re-do certain operations on the Site. If the User decides to visit any linked site, it is done so at the User’s own risk and it is the User’s responsibility to take all protective measures to guard against viruses or other destructive elements. Breakbounce makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. links do not imply that Breakbounce or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Breakbounce.

6 LIABILITY & INDEMNITY

The User shall indemnify, defend and hold harmless without limitation, Breakbounce from any actual or alleged loss, damage or claim arising from or related to any breach of any of the terms, conditions or provisions of these Terms of Use.

7 LIMITATION OF LIABILITY

IN NO EVENT SHALL BREAKBOUNCE BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON THE USER’S INFORMATION HANDLING SYSTEM THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF BREAKBOUNCE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES HERETO ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.

8 GENERAL

8.1 Termination

The User is free to discontinue use of the Site and the Content at any time. Breakbounce may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time and without any notice. Breakbounce may also impose limits on certain features and services or restrict the User’s access to parts or all of the Site without notice or liability.

8.2 No Waiver

Failure of Breakbounce to insist in any instance upon strict performance by the User of any part of these Terms of Use shall not be construed or deemed to be a permanent waiver of such or any other part of these Terms of Use

8.3 Severability

If any part of these Terms of Use is held illegal or unenforceable by a court of competent jurisdiction, such provision shall be deemed separable from the remaining parts of these Terms of Use and shall not affect or impair the validity of enforceability of the remaining provisions of these Terms of Use. If any part of these Terms of Use is found to be unreasonable by a court of competent jurisdiction, such term shall be limited to the extent considered reasonable and continue to remain valid and enforceable.

8.4 International users and choice of law

Breakbounce makes no representation that the Site or the Content provided is appropriate or available for use outside India. The User is not to access or use this Site from a jurisdiction which restricts the User from accessing this Site.

These Terms of Use shall be governed by and construed in accordance with the laws of India without regard to its conflict of laws provisions and Breakbounce and the User agrees to submit to the exclusive jurisdiction of the competent courts in Bangalore, India to resolve any legal matter arising from these Terms of Use. Notwithstanding this, the User agrees that Breakbounce shall still be allowed to apply for injunctive remedies, or an equivalent type of urgent legal relief, in any jurisdiction.

8.5 Changes

Breakbounce reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. The User’s continued use or access of the Site after any such changes constitutes the User’s acceptance of the new terms and conditions of use.