Sourav B.

Design & Dev_

Terms of Use

Updated: 19th Mar, 2023

The following terms ("Terms") of use govern your access to and use of the website souravb.com("Website"), operated and owned by Sourav B. (Owner). The Website provides educational content and resources for the general public.

Please read these Terms carefully before using this Website and Services. By using or accessing the Website or Services, you agree to be legally bound by these Terms. If you do not agree to the Terms, you should not use or access the Website or Services. The Terms apply to all users, including visitors and users who use the services.

1. Your use of Website and Services

Licence

These Terms govern the access or use by you of the Website or Services.

Subject to your compliance with these terms, the Owner grants you a limted non-transferable, non-exclusive, revocable right to access and use the Website and/or the Services solely for your personal, non-commercial use. For greater certainty, the Owner does not grant you or any other party any right, title or interest in the Websites and/or Services. The Owner reserves all rights not expressly granted to you under these Terms.

Representations and Warranties

For Users. You hereby warrant and represent that

  1. you are the legal age of majority in your jurisdiction and have the authority to enter into these Terms;
  2. any information that you provide to us, including any personal or financial information provided as part of the creation of an Account or payment of the Services, shall be accurate, current, and complete;
  3. you shall not falsify your identity or impersonate any other person, or provide any personal or financial information of any other person, including as part of the creation of an Account;
  4. you shall not use the Websites or Services for any unlawful, illegal, deceptive, misleading, fraudulent, or abusive purpose; and
  5. you shall comply with all Applicable Law when using the Services and you will use the Services only for lawful purposes. As used in these Terms, “Applicable Law” means all domestic or foreign federal, provincial, state, municipal or local laws, common law, civil laws, rules, statutes, regulations, by-laws, ordinances, policies, directives or orders of any government, court, administrative or regulatory agency, commission, body, board or other government authority.

In the event of your breach of any of the Terms set out herein, the Owner may, in its sole and absolute discretion, suspend or revoke your right to use the Services or Platform without notice to you.

Restrictions

Except as expressly permitted under these Terms, you may not:

  1. copy, sell, or otherwise redistribute the Services, or make paid Services available publicly.
  2. modify, adapt or hack the Services or modify any website so as to falsely imply that it is associated with the Owner or the Service;
  3. use the Services to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction;
  4. upload, share, or otherwise transmit files that contain a virus, trojan or corrupted data;
  5. remove any copyright, trademark or other proprietary notices from any portion of the Services; and
  6. cause nuisance, annoyance, inconvenience or property damage, whether to the Owner or any other third-party, while using the Services.

Void Where Prohibited by Law

By using the Services you are explicitly agreeing that you have verified that your use of the Services is permitted under Applicable Law.

User Generated Content

If you choose to submit any User Content, you hereby grant us the worldwide, non-exclusive, perpetual, irrevocable, transferable, sublicensable, royalty-free right and licence to publish, display, reproduce, modify, adapt, translate, create derivative works of, distribute, and otherwise exploit (including commercially) any User Content throughout the world in any media. The Owner is and shall be under no obligation to maintain any User Content in confidence or treat it as confidential or proprietary, pay any compensation for any User Content, or respond to any User Content. You further agree that:

  1. you do not require that you be identified in connection with any User Content, or any derivative works, adaptations, translations, or updates thereof;
  2. you do not oppose to the publication, use, modification, deletion and exploitation of the User Content by us;
  3. you waive all of your moral rights and any other rights of a similar nature as an author in any and all User Content; and
  4. you release the Owner from any claims that you could otherwise assert against us by virtue of any moral rights.

Further, you warrant and represent that:

  1. you own or have obtained all necessary rights and/or licences to any User Content that you submit;
  2. any User Content you submit is correct and true (where it states facts) or genuinely held and reflect your true experience (where it states opinions);
  3. any User Content you submit shall not:
    1. infringe any third-party’s rights, including any intellectual property rights, rights of privacy and/or rights of publicity,
    2. be unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, defamatory, derogatory, obscene, offensive, pornographic, profane, or have a sexist, racist, homophobic, transphobic, misogynistic, or any other discriminatory character,
    3. reveal any personal information about another individual, including another person’s name, address, phone number, email address, credit card information or any other information that could be used to track, contact or impersonate that person,
    4. be technically harmful (including without limitation computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct).

Although we are not obligated to monitor content or the accuracy of User Content, you acknowledge and agree that we, acting in our sole discretion, have the right to monitor or remove, without notice, any User Content.

Intellectual Property Rights

The Services we offer via the Websites, including all underlying technology and intellectual property rights embodied therein, are and remain our sole and exclusive property, and no licence or any other right is granted to any such underlying technology. If you provide feedback, ideas or suggestions regarding the Website or the Services (“Feedback”), we are free to fully exploit such Feedback without obligation or compensation to you.

All materials, including any text, images, illustrations, designs, videos, code snippets, games, software, data, and other materials that are part of the Websites or Services, other than User Content (collectively, the “Content”), is owned, controlled or licensed by the Owner or its licensors and is protected by Indian and international intellectual property laws. The Content is provided on an “as is” and “as available” basis for informational purposes only and is subject to change without notice.

The compilation (i.e. the selection, collection, arrangement, and assembly) of the Content is the exclusive property of the Owner and is also protected by Indian and international copyright laws.

Trademarks and Services marks may not be used in connection with any product or service that is not offered by us, or in any manner that is likely to cause confusion amongst consumers. This includes both commercial and non-commercial products and services.

All other trademarks and Services marks that appear on the Websites or the Services that are not the Owner's Marks and that are not owned by the Owner are the property of their respective owners (the “Third-Party Marks”). All such Third-Party Marks are used under licence from their respective owners.

Nothing in this Agreement grants you any right, title or interest in any intellectual property of the Owner or its licensors, including without limitation the the Owner's Marks or the Third-Party Marks, and any and all uses of such intellectual property shall be subject to approval by the applicable rights holder(s). Without limiting the generality of the foregoing, access to the Websites or the Services does not confer and shall not be considered as conferring upon anyone any licence under any of the Owner or any third-party's intellectual property rights. The Owners all rights not expressly granted herein.

You may only copy, reproduce, store, or download content on the Websites and/or Services for personal non-commercial use, unless otherwise agreed with us in writing or allowed under applicable mandatory law.

Third-Party Links

The Website may contain links to other websites (“Third-Party Websites”). These links are provided solely as a convenience to you and not as an endorsement by the Owner of the contents on such Third-Party Websites. If you access Third-Party Websites, you do so at your own risk and you understand that the Policies do not apply to your use of such Third-Party Websites. Because we have no control over such sites, you acknowledge and agree that the Owner is not responsible for, and have no liability with respect to, the availability or unavailability of such sites, for the treatment of your personal information by such sites, or for the information, products, content or other materials on or available from such sites or resources. We encourage you to review the terms of use and privacy policy for all Third-Party Websites you visit.

Disclaimers

Availability of the Services

While we endeavour to keep downtime to a minimum, we cannot promise that the Services or availability of the Services will be uninterrupted, secure or error-free. We reserve the right to interrupt/suspend the operation or availability of the Services or any part thereof, with or without prior notice for any reason. You shall not be entitled to any refunds of fees for interruption of the Services or the availability of the Services.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS. You agree that the Owner shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Services or of your ability to access it.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OWNER EXPRESSLY DISCLAIM ALL REPRESENTATIONS, CONDITIONS, GUARANTEES AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. IN ADDITION, OWNER MAKES NO CONDITION, REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE AND LIABLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER OR SYSTEM OR ANY LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

THE OWNER MAKES NO REPRESENTATION OR WARRANTY AND DOES NOT GUARANTEE THE RELIABILITY, QUALITY, QUALIFICATIONS, SUITABILITY, CAPABILITY, SAFETY, ABILITY OR AVAILABILITY OF ANY SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE OWNER DOES NOT GUARANTEE THAT THE SERVICES, OR ANY PORTION THEREOF, WILL FUNCTION ON ANY PARTICULAR HARDWARE OR DEVICES. IN ADDITION, THE SERVICES MAY BE SUBJECT TO MALFUNCTIONS AND DELAYS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICES REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE OWNER BE RESPONSIBLE OR LIABLE TO YOU OR ANY PERSON UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), COMMON, CIVIL OR REGULATORY LAW (INCLUDING PRIVACY) OR OTHERWISE) FOR ANY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ECONOMIC, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, SUCH AS DAMAGES FOR LOST PROFITS OR LOSS OF GOODWILL, USE, OR DATA, DAMAGES FOR DELETION, CORRUPTION, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OR THROUGH THE SERVICES, ANY SERVICES INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) YOUR USE OF OR INABILITY TO USE THE SERVICES; (B) THE WEBSITES OR SERVICES OR ANYTHING OBTAINED THROUGH THE WEBSITES OR SERVICES; (C) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (D) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE SERVICES, IN ANY CONTENT AVAILABLE OR ACCESSIBLE ON THE WEBSITES OR DISPLAYED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OR IN CONNECTION WITH THE SERVICES, OR IN THE OPERATION OF THE SERVICES; OR (E) ANY OTHER MATTER RELATING TO THE SERVICES.

TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, THE OWNER SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE UNDER ANY CIRCUMSTANCES FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

Indemnification

You agree to defend, indemnify and hold harmless the Owner from and against any and all loss, liability, obligation, damage, cost, claim, demand, debt, expense, including but not limited to reasonable attorneys’ fees relating to or arising out of: (a) your use of and access to the Services; (b) your breach of any term of these Terms, including without limitation any breach of your representations and warranties set forth above; (c) your violation of any third-party right, including without limitation any intellectual property, real property rights, or privacy right or any rights of any person; (d) your violation of any Applicable law; (e) any User and Third-Party Content or any other information or content that is posted or submitted via your Account including without limitation misleading, false or inaccurate information; (f) negligent or willful misconduct; (g) any activity through your Account; (h) any use or inability to use our Services; or (i) any claim or demand by any third party arising out of or relating to your access or use of the Services. This indemnification provision survives termination of these Terms and your use of the Services and Website.

Term, Termination, and Suspension

These Terms will remain in full force and effect unless and until updated or terminated hereunder.

The Owner may, at its sole discretion, at any time and for any reason, without notice to you, suspend or terminate your Account or your right to use and access the Services and/or the Platform. Upon termination of your Account, you shall no longer have the right to use and/or access the Services or Platform. A suspension will be for such period of time as we may reasonably determine is necessary to permit the thorough investigation of the activity that resulted in the suspension.

YOU AGREE THAT THE OWNER HAVE NO LIABILITY WHATSOEVER FOR ANY LOSS, LIABILITY, INJURY, OR DAMAGE OF ANY KIND HOWSOEVER ARISING FROM ANY REFUSED, SUSPENDED, CANCELED OR TERMINATED STATUS AS A USER.

General

Agreement

These Terms set out the entire Agreement between us relating to the subject matter herein and supersede and any all prior or contemporaneous written or oral agreements between us.

Governing Law

These Terms and your use of the Services or Websites are governed by, construed and enforced in accordance with the applicable laws of India without regard to conflict of laws principles. Any cause of action brought to enforce these Terms, or in connection with any matters related to the Websites or Services shall be brought only before the Courts of India, and you hereby irrevocably consent and attorn to the exclusive jurisdiction of that Court.

No Assignment

These Terms are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or convey these Terms to a third-party without restriction or notice to you.

No Waiver

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.

Updating

We may, in our sole discretion, update these Terms to, for example, reflect changes to our practice or to the law. Please review the Terms regularly. If you do not agree to the modified Terms, you should discontinue your access or use of Websites or Services. Your continued use of the Websites or Services shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.