Terms & Conditions - Strawberry Branding

Terms & Condition

“Strawberry Branding” provides this website and its associated services (“Service”). In order to use this Service, you must read and agree to these terms (this “Agreement”). By using the Service, you agree as follows:

1. License Terms.

1.1 License Grant. Strawberry Branding grants you (the “User”) the non-exclusive, non-transferable, revocable, limited right to access the Service for User’s personal use on a personal computing device or mobile phone. Unless otherwise authorized, User or any individual may not use, reproduce, modify, publicly perform or display, copy, create derivative works of, sell, auction, loan, lease, rent, distribute, transfer or disclose all or any part of the Service (including, without limitation, any screenshots, videos, documentation or manuals relating to the Service) except as provided in this Agreement. All other rights are reserved to Strawberry Branding.

1.2 License Restrictions. Unless otherwise authorized by this Agreement or Strawberry Branding in writing, User shall not:

(a) Sublicense to, transfer, network, transmit, distribute, or permit the use of the Service by, any third party;

(b) Reverse engineer, decompile, or disassemble any aspect of the Service;

(c) Communicate or Transmit any data that is unlawful, harmful, vulgar, obscene, invasive of another’s privacy, threatening, abusive, harassing, defamatory, hateful, or racially, ethnically or otherwise objectionable;

(d) Harm minors in any way;

(e) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

(f) Forge headers or produce a fraudulent copy or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users;

(g) Transmit, access or communicate any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential or private information learned or disclosed as part of employment relationships or under non-disclosure agreements);

(h) Transmit, access or communicate any data that infringes any trademark, patent, license, trade secret, copyright or other proprietary rights of any party;

(i) Transmit, convey or communicate any data that contains software viruses or any other computer code, files or programs designed to demolish, interrupt, destroy, or limit the functionality of any computer telecommunications equipment, software or hardware

(j) Interfere with or disrupt the Service or other user’s use of the Service;

(k) Intentionally or unintentionally violation of any applicable local, state, national or international law, including securities exchange and any regulations requirements, procedures or policies in force from time to time relating to the Service

(l) Monitor traffic or make search requests in order to accumulate information about individual users;

(m) Delete, damage or modify any information contained on the personal computer of any other user;

(n) Use the Service in any way related to gambling or illegal lotteries or illegal sweepstakes

(o) Harm the Service including using any program or another mechanism to slow or “crash” the network;

(p) Allow usage by others in such a way as to violate this Agreement;

1.3 Indemnification. User (i) agrees to defend, indemnify, and hold harmless, and (ii) hereby releases, Strawberry Branding, its licensors, and their direct and indirect parent, sister corporations and subsidiary, and their respective officers, directors, employees, and agents from and against any and all losses, obligations, costs, liabilities, claims, and/or expenses (including reasonable legal fees) which result from, arise out of or in connection with User’s use of the Service or activities related thereto or User’s violation of this Agreement.

1.4 Term of the Agreement. Strawberry Branding herein may terminate the grant of the license at any time, for any reason or for no reason, in Strawberry Branding’s sole and absolute discretion, by providing written, electronic or emailed notice to User. A user may, at any time and for any reason or for no reason, terminate this Agreement by uninstalling the Service. At termination, User shall erase all copies of the Service from User’s hardware.

2. Ownership.

2.1 Strawberry Branding Intellectual Property. Except for the limited license or revocable license clearly granted hereunder, Strawberry Branding retains all rights, title, and interests in and to all intellectual property rights associated with the Service and all copies thereof, use thereof by User, and all content and data in connection therewith including any information or data collected from Users. These rights include, but are not limited to, all intellectual property and other rights in and to User suggestions or comments, including those that may be used in modifying the Service. The Service is copyrighted and is protected by India copyright laws and international treaty provisions as well as other laws. User acknowledges that the Service contains valuable trade secrets of Strawberry Branding, and that Strawberry Branding and/or its licensors own all intellectual property rights in and to the Service, including, without limitation, all patent rights, copyrights, inventions, trade dress rights, trademark rights, trade secret rights, and intellectual property rights therein and thereto. The user may not remove the copyright and other proprietary rights notices from the Service. User agrees that this Agreement shall be retained with all copies of the Service and documentation constituting the Service. User agrees to prevent any unauthorized distribution, copying or duplicating of the Service. Strawberry Branding does not grant User any implied or explicit right in any copyrights, trademarks, patents or trade secret information of Strawberry Branding and/or its licensors, Except for the license as explicitly provided.

2.2 Licensed Intellectual Property. Strawberry Branding with the help of arrangements with licensor’s services can incorporate certain external intellectual property (“Licensed Intellectual Property”) into the Service. This Licensed Intellectual Property shall remain the property of the licensors and any and all intellectual property rights, therefore, will remain with the licensors only.

3. Injunctive Relief.

User understands and agrees that a breach or threat of breach of any covenant contained in the Agreement could cause irreparable injury, that money damages would be an inadequate remedy and that Strawberry Branding shall be entitled to temporary and permanent injunctive relief, without the posting of any bond or other security, to restrain the user from such breach or threatened breach. There is nothing present in Section that shall be construed as preventing Strawberry Branding from pursuing any and all remedies available to it, including the recovery of money damages from User.

4. No Warranty; No Liability for Damages; No Support; Data.

4.1 No Warranty. User acknowledges that the service may well contain errors and defects. The service is provided “as is” without any express or implied warranty of any kind including warranties of satisfactory quality, merchantability, non-infringement, or fitness for any particular purpose. The entire risk as to the quality of the service is with the user. Should it prove defective following the receipt by a user, then the user and not strawberry branding assumes the entire cost of all necessary servicing or repair. Limitation of foregoing is required as Strawberry Branding do not ensure continuous, error-free, secure or virus-free operation of the service. These disclaimers of warranty constitute an essential part of this agreement.

4.2 No liability for damages. As per the law, in no event shall strawberry branding, any parent, subsidiary or otherwise related company, or employees, agents, officers and/or directors of any of the above, be liable for any damages whatsoever (including, without limitation, direct, indirect, incidental, consequential, special punitive or other damages or lost profits, data or business) arising out of the use of or inability to use the service even if any of the above has been advised of the possibility of such damages.

4.3 No Support. Strawberry Branding does not provide any guaranteed support for the Service. However, Strawberry Branding may provide an e-mail address and/or forum for User to send any questions and/or comments regarding the Service. Strawberry Branding does not, however, make any representations or warranties as to the accuracy of any statements or advice provided in response to User’s e-mail(s) and/or forum postings.

5. Dispute Resolution and Choice of Law.

5.1 Informal Resolution. To exercise the resolution of any controversy related to this Agreement (“Dispute”), you and Strawberry Branding agree to first attempt to resolve any Dispute informally as in outside the court for at least 30 days before initiating any court proceeding.

5.2 No Class Action. You and Strawberry Branding agree that any Dispute shall be limited to the Dispute between Strawberry Branding and you individually. As per the law, no arbitration or other dispute resolution proceeding shall be joined with any other or decided on a class-action basis.

5.3 Choice of Law and Venue. Each party agrees to submit to the exclusive personal jurisdiction of India and State courts of Telangana. Construction and performance of this Agreement and the legal relations between the parties hereto shall be under the law of the Government of India without regard to its conflict of law’s provisions. Each party hereby waives any claim that such venue is improper or inconvenient.

6. Miscellaneous.

6.1 Survival. The provisions of this Agreement, other than Section 1.1 shall continue in full force and effect even after termination of this Agreement.

6.2 Severability and Assignment. If any provision of this Agreement shall be held invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the validity and enforceability of all other provisions of this Agreement shall not be affected thereby. User shall have no right to assign this Agreement.

6.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments, and understandings of the parties. Changes made by User to this Agreement will not be effective unless set forth in a writing describing the change and agreed to and signed by both Strawberry Branding and User. Strawberry Branding reserves the right to change the terms of this Agreement at any time upon notice to User by e-mail or on its webpage. Such changes by Strawberry Branding shall be effective upon notice to User and User’s continued used of the Service after notice of a change in terms by Strawberry Branding shall constitute User’s acknowledgment of, and agreement to, be bound by such changes.