Certain features of our Website and/or the Services may be subject to additional guidelines, terms or rules, which will be posted on our Website and are incorporated by reference into this Agreement.
Any reference to the term Services shall mean and refer to the services offered by LandingPagr. Please note this is not an exhaustive list of services provided by LandingPagr, for more information on the Services offered, kindly visit the Website.
BY CLICKING "I AGREE", YOU AGREE TO BE BOUND BY THIS AGREEMENT INCLUDING THOSE INCORPORATED BY REFERENCE, WITHOUT MODIFICATION, LIMITATION OR QUALIFICATION. YOU WILL BE BINDING YOURSELF TO THIS AGREEMENT. YOU MAY NOT CLICK THE "ACCEPT" BUTTON IF YOU DO NOT AGREE WITH THIS AGREEMENT. IF YOU DO NOT CLICK THE “ACCEPT” BUTTON, YOU WILL NOT BE AUTHORIZED TO ACCESS OR USE THE WEBSITE AND/OR THE SERVICES AVAILABLE THROUGH OUR WEBSITE.
In consideration of the mutual promises and obligations set out below, the sufficiency of which the parties acknowledge, you and we acknowledge and agree as follows:
By using the Website and/or the Services, the User warrants and undertakes the following conditions:
(a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any submission, that:
(i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
(ii) is false, misleading, untruthful or inaccurate;
(iii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, or fraudulent;
(iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
(v) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information;
(vii) impersonates any person or entity, including any of LandingPagr’s employees or representatives; and
(viii) includes anyone’s identification documents or sensitive financial information.
The User shall fully indemnify and hold LandingPagr harmless for any costs, expenses, loss or damage howsoever arising out of its or any third party's failure to comply with the provisions of this section.
We may from time to time introduce new features to a service or modify or delete existing features. We shall notify you of any changes made to the existing features or any new feature if we are legally required to do so. By using any new or modified features when they become available, you agree to be bound by the modified terms of this Agreement, including any specific rules and regulations pertaining to those features.
You may discontinue/cancel the Services at any time upon an email notice to LandingPagr with a list of the pages you own. Once we establish ownershop, we shall then delete your User Account with us and notify you of the same.
LandingPagr SHALL NOT BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO DAMAGES ALLEGEDLY ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN TRANSMITTING, RECEIVING, ORIGINATING, TERMINATING DATA. LandingPagr SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, AND EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF LandingPagr HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LandingPagr IS NOT LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF OR YOUR INABILITY TO ACCESS, OR YOUR DIFFICULTY IN ACCESSING, ITS SERVICE THROUGH ITS WEBSITE. LandingPagr SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS AND ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS. LandingPagr ALSO SPECIFICALLY DISCLAIMS ANY LIABILITY OF ANY KIND FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE LandingPagr SERVICES IN ANY COUNTRY. OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED $1.
OUR WEBSITE AND THE SERVICES AND ALL OTHER INFORMATION AND CONTENT IN RESPECT OF OUR WEBSITE AND THE SERVICES AND OTHERWISE IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED ON "AS-IS, WHERE-IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF OUR WEBSITE AND THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, AFFILIATES, REPRESENTATIVE AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH OUR WEBSITE AND THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OUR WEBSITES' CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR WEBSITE' AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND THE SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE AND THE SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE AND THE SERVICES, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE PRODUCTS, SERVICES, OR CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITE AND THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH OUR WEBSITE AND THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
The Website does not guarantee that the Services shall be available at all times and the Website shall not be held liable for Service interruptions, outages, equipment failures, scheduled maintenance, or other force majeure conditions like natural calamities, war, explosions, etc. LandingPagr shall always act in good faith to make amends for any disruptions, loss and delay in the Services. LandingPagr shall not be responsible for any Services interruptions due to reasons beyond our control or for any unforeseen situations including any technical failures whether the same can be attributed to LandingPagr or not.
As between you and us, all of the content included in and as a part of the Website and/or Services including, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics ("Content"), including all trademarks, service marks, and logos contained therein ("Marks"), including all know-how, trade secrets, inventions, goodwill and other intellectual property rights included in and as a part of our Website and/or the Services ("IP") is the property of, owned by or is licensed to us, and are subject to copyright and other intellectual property rights under laws of India and foreign laws and international conventions(as applicable). We reserve all rights in and to our Website, Services, Content, IP and Marks.
"Confidential Information" means any information or data, regardless of whether it is in tangible form, disclosed by either party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure. "Confidential Information" does not include any information which: (i) is publicly available through no fault of receiving party; (ii) was properly known to receiving party, without restriction, prior to disclosure by the disclosing party; (iii) was properly disclosed to receiving party, without restriction, by another person without violation of disclosing party's rights; or (iv) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information
Each party agrees that it will use the Confidential Information of the other party solely in accordance with the provisions of this Agreement and it will not disclose such information to any third party without the other party's prior written consent, except as otherwise permitted hereunder. Each party agrees to exercise due care in protecting the Confidential Information from unauthorized use and disclosure. Each party may disclose the Confidential Information of the other party, in whole or in part to its employees, representatives, actual or potential investors and subcontractors who have a need to know and are legally bound to keep such information confidential consistent with the terms of this Section. Either party may disclose the Confidential Information of the other party as required by law, upon prior written notice to the other party (where allowed by law); provided that such party will use its reasonable efforts to minimize such disclosure to the extent permitted by applicable law.
We may disclose customers' personal information or recordings in the following situations:
We may respond to subpoenas, court orders, or other legal requirements, or seek to establish or exercise our legal rights or defend against legal claims.
We believe it is necessary to disclose such information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to physical safety of any person, or violations of LandingPagr's Terms of Service.
You may not access or use our Website and/or the Services for any other purpose other than as stated under this Agreement. Additionally, the following uses and activities of and with respect to us, including our Website and/or the Services, are prohibited:
We reserve the right, but do not have the obligation, to:
This Agreement shall be governed by and construed in accordance with the laws of the India without regard to conflicts of laws and principles that would cause laws of another jurisdiction to apply. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. The User agrees that any dispute arising from or relating to the subject matter of this Agreement shall be governed by the exclusive jurisdiction and venue of the Courts in Mumbai, India.
Before bringing a formal legal case, please first try contacting us at [email protected] Most disputes can be resolved that way.
If we can’t help you, then we both can agree to go to binding arbitration, again, in Mumbai, Maharashtra, India.
All disputes, claims and/or controversies, including but not limited to billing disputes, matters of construction, interpretation and/or enforcement, arising out of or in any way connected to this Agreement shall be submitted for final and binding resolution to a single arbitrator selected by us in accordance with the Arbitration and Conciliation Act, 1996, and any amendments thereof. The venue and the seat of arbitration shall be Mumbai, Maharashtra. The award rendered by the arbitrator may be entered as a judgment in any court of competent jurisdiction. The cost of the arbitration and the attorneys' fees of the prevailing party shall be assessed against the party against whom the award is rendered.
You agree that any claims or controversies between us must be brought against each other on an individual basis only. That means neither you on one hand nor LandingPagr on the other hand can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action. The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not other LandingPagr customers, and cannot be used to decide other disputes with other customers.
LandingPagr reserves the right, in its sole discretion, to modify this Agreement, or change, suspend, or discontinue the Website and/or the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you a notice through the Services, via e-mail or by another appropriate means of electronic communication. LandingPagr may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Your continued use of the Services following notification of any changes to this Agreement constitutes acceptance of those changes.
This Agreement is the entire agreement between you and LandingPagr with respect to the Services, including use of the Website, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and LandingPagr with respect to the Services.
No failure, delay or default in performance of any obligation by LandingPagr shall constitute an event of default or breach of this Agreement to the extent that such failure to perform, delay or default arises out of a cause, existing or future, that is beyond the control and without negligence of LandingPagr, including action or inaction of governmental, civil or military authority; fire; strike, lockout or other labor dispute; flood, terrorist act; war; riot; theft; earthquake and other natural disaster.
This Agreement is not assignable, transferable or sub-licensable except with LandingPagr’s prior written consent which consent may be withheld by LandingPagr. LandingPagr may assign, transfer or delegate any of LandingPagr’s rights and obligations hereunder without consent.
LandingPagr shall retain the right to use, publish and otherwise disseminate the user’s name, logo, and likeness in LandingPagr’s marketing material and on the Website, for promotional purposes and for any other lawful purpose. Your hereby expressly acknowledge and agree that LandingPagr shall have no obligation to use, publish or otherwise disseminate your name, logo, or likeness, by any means and for any purpose whatsoever.
LandingPagr’s failure to enforce any part of this Agreement shall not constitute a waiver of LandingPagr’s right to later enforce that or any other part of this Agreement.
The parties acknowledge that the covenants set forth in this Agreement are intended solely for the benefit of the parties hereto and their successors and permitted assigns. Nothing herein, whether express or implied, shall confer upon any person or entity, other than the parties hereto, their successors and permitted assigns, any legal or equitable right whatsoever to enforce any provision of this Agreement.
The Article and paragraph headings in this Agreement are for convenience only and shall not affect their interpretation.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect.
All communications and notices to be made or given pursuant to this Agreement shall be in the English language.