Every user’s (“you”, “your”, “user”) access to the usage of the Platform herein is conditional upon such user’s acceptance and compliance of the Terms provided hereinbelow. These Terms shall mutatis-mutandis apply to all visitors, users, contributors and any other person/ entity who wish to access or use the Platform.
By accessing or using the Platform, you agree to be bound by these Terms. In the event you disagree with any part of the Terms, you are not permitted to use the Platform. We reserve the right to terminate your access to the Platform at any time, with or without notice, for any conduct that is in breach of these Terms, or any conduct that we believe to be harmful for our business, or for conduct where the use of the Platform is detrimental to any other third party.
We may in our sole and absolute discretion, change or modify these Terms at any time, with or without notice. Such changes or modifications shall be made effective for all users, visitors, contributors and any other person/ entity accessing the Platform. You are responsible to read this document from time to time to ensure that your use of the Platform remains in strict compliance with these Terms.
If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change shall be determined by us at our sole discretion.
By continuing to access or use our Platform after such revisions, if any becoming effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Platform.
By creating an account on our Platform, you agree to subscribe to newsletters, marketing or promotional materials and other information that we may send/ disburse. However, you may opt out of receiving any, or all, of such communications from us by following the unsubscribe link or instructions provided in any email we send.
When you create an account with us, you assure that you are not below the age of 18 (eighteen), and all information provided by you on the Platform or for the usage of this Platform to us is true, accurate, complete, and updated at all times. Any erroneousness, incompleteness, or obsoleteness of information provided herein by you may result in the immediate termination of your account on the Platform.
You are unilaterally obligated to maintain the confidentiality of your account and password, on this Platform. You undertake all responsibility for any and all activities or actions that occur from your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You are prohibited from using a fake or made-up username either by way of the name of any other person or entity, or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. Any obscenity, vulgarity or use of offensive language including by way of any comment on the Platform shall attract penal action under applicable laws.
We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the Platform infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes Infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: “Copyright Infringement” and include a detailed description of the alleged Infringement , details establishing that the copy the work found on the Platform, which is the subject matter of the transient or incidental storage, is an infringing copy of your copyrighted work and that the use of this work is not subject to a recognized legal exception.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the Infringement of any content found on and/or through the Platform on your copyright.
The ownership of all know-how, trademarks, trade names, brand names, formulations, know-how, patents, copyrights and information provided, either orally or in writing, through the Platform and the intellectual property rights thereof shall at all times vest with and will remain the exclusive property of AX 100 Inc. and its licensors. You shall be entitled to use the know-how and the information only for the purpose for which such know-how and information has been provided and you shall not be entitled to use the same for any other purpose and shall not pass on the same to any third party. The Platform is protected by copyright, trademark, and other laws of both the India and foreign countries.
Links to Other Websites
Our Platform may contain links to third party web sites or services that are not owned or controlled by us.
We have no control whatsoever over, and assume no responsibility in relation to, the content, privacy policies, or practices of any third party web sites, platform, portal or services. We do not warrant the quality or nature or offerings of any of these third party entities/individuals or their websites or platform or portal or services.
You acknowledge and agree that we shall not be responsible or be held liable, whether directly or indirectly, for any damage or loss or liability caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or platform or portal or services.
We strongly recommend that you carefully peruse and accept the terms and conditions and privacy policies of any such third party websites or platform or portal or services that you visit through our Platform.
You further agree to abide by any third-party terms that apply to the Platform or when posting reviews of AX 100, including the iTunes App Store Terms of Service or the Android Market Terms of Service. Posting AX 100 usernames in app store reviews is strictly prohibited and may result in us deleting your account on the Platform.
Additionally, you agree to the following miscellaneous Terms:
You shall not use the Platform in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Platform, or that could damage, disable, overburden, or impair the functioning of the Platform in any manner;
You shall not wither impliedly or explicitly undertake any act or be a party to any act that directly or indirectly compromises with the security of the Platform;
You shall not send any unsolicited or unauthorized advertising, spam, solicitations, or promotional materials to any person/ entity through the Platform;
You shall not engage in any harassing, intimidating, predatory, or stalking conduct through the Platform;
You shall not impersonate any person or entity or otherwise misrepresent your affiliation with any such person or entity;
You shall not violate the publicity, privacy, or data-protection rights of others, including by taking pictures of another individual without receiving that individual’s consent;
You shall not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
You shall not use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Platform or to extract data provided therein;
You shall not reverse engineer any aspect of the Platform or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the Platform;
You shall not use or attempt to use any other user’s account without express authorization of such person;
You shall not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Platform that you are not authorized to access;
You shall not attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any of your products or services;
You shall not buy, sell, rent, lease, or otherwise offer in exchange for any compensation, access to your account on the Platform or the username created by you on our Platform without our prior written consent;
You shall not develop any third-party applications that interact with User content or the Platform without our prior written consent; and
You shall not use the Platform to generate revenue without first being on a paid quota plan or without our prior written consent.
If you wish to terminate your account, you may simply discontinue using the Platform and delete your account created at the Platform.
Upon the termination of your account and/ or usage of the Platform, all provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless AX 100 Inc. and its licensee and licensors, and their employees, contractors, agents, affiliates officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Platform, by you or any person using your account and password, b) a breach of these Terms, or c) Content posted on the Platform.
Limitation of Liability
The services provided on this Platform is on "as is" and "as available" basis and the use of the Platform is at your own risk. We make no representations or warranties, either express or implied, with respect to the Platform, or any service or information provided through the Platform including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of the performance of the Platform. In no event shall AX 100 Inc., or its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Platform; (ii) any conduct or content of any third party on the Platform; (iii) any content obtained from the Platform; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
In no event shall we be held liable for any damages or economic loss, whatsoever, arising out of any potentially illegal or harmful content posted by you on our Platform, or for providing copies of your data to the appropriate statutory or governmental authorities or cooperating with law enforcement efforts to locate persons who have posted content on our Platform.
We, our subsidiaries, affiliates, and its licensors, explicitly disclaim all warranties with respect to the accuracy, truthfulness, and completeness of any information contained on the Platform or the Platform being free from any viruses or other harmful components or the Platform functioning in an uninterrupted, manner at any particular time or location. If you intend to take any actions based on the above “information”, you shall be solely responsible for distinguishing the accuracy and truthfulness of such information and shall be responsible for taking reasonable measures to mitigate any such risk. The Platform shall not be responsible for the consequences arising from your acts. When receiving the services from the Platform, you may come into contact with uncomfortable or offensive information. In no event shall the Platform be liable for any such information. However, the Platform will deal with the said information as soon as practicable and possible upon discovery. The Platform shall not be held liable for any losses or damages arising from or relating to your use of the Platform not directly associated with the Platform, whether direct, indirect, accidental, special, consequential, or punitive.
These Terms shall be governed and construed in accordance with the laws of India (including such laws applicable to the State of Tamil Nadu) without giving effect to the principle of conflict of laws.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in full force and effect and shall be valid and enforceable to the maximum possible extent. These Terms constitute the entire agreement between us regarding our Platform and supersede and replace any prior agreements we might have had between us in relation to the Platform.
If you have any questions or require any clarifications in relation to these Terms, feel free to contact us at support@Astrixengineering.com.