Terms &
Condition

Last updated: December 22, 2023

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions
Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Country refers to: Maharashtra, India

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Draftnet.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Service refers to the Website.

Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to Draftnet, accessible from https://www.draftnetmedia.com/

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver
Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

  • By email: connect@draftnetmedia.com

These terms and conditions administer your use of Builtdesign and provide you with all the necessary information about the Builtdesign services, we have drafted the term of use so that you will know the rules that govern your relationship with Builtdesign and its subsidiaries and affiliates (hereinafter collectively referred to as “Builtdesign”, “We”, “Us” or “Our”) and set forth the terms and conditions under which Builtdesign makes available its website https: ://www.builtdesign.in/ (the “Site”),known as “Services”, to each person assessing or using the Services.

These Terms do indeed form a legally binding Agreement between you and Builtdesign. You agree to these terms when you use our services or even if you decide to simply browse through our website. So please read them carefully.

The terms “you,” “user” and “users” refers to all individuals and other persons who access or use our services, including, without limitation, any companies, organizations, or other legal entities that register accounts or otherwise access or use the services through their respective employees, agents or representatives. Except as otherwise provided herein, IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES IN ANY FORM.

DEFINITIONS
  • “Intellectual Property Rights” means and include without limitation all copyrights, patents, trademarks, trade secrets and other related documents and shall remain, the sole and exclusive property of Builtdesign
  • “Third parties” include but are not limited to the developer, hosting, google analytics & search engine providers, payment provider
  • “User(s)” (hereinafter collectively referred to as “You”, “Your”, “User”), mean our user(s) who use our Services
  • “User Content” means all electronic data, text, messages or other materials, including personal data of Users, submitted to the Service(s) by You in connection with Your use of the Service(s).
  • “Applicable Data Protection Law” means the data protection law of the country you reside in.
Opportunity To Connect, Communicate And Share

Being a unique and artistic community, it is important to prevent and preserve our artistic streak and let it flow. To achieve this, Builtdesign provides you with a network of like-minded individuals and help you to share, follow and connect with the entire community of professionals who understand and appreciate your work, in turn, helping you grow professionally and socially.

Safe Platform

We at Builtdesign understand that ideas flow freely only when your mind is at peace. In order to give you peace of mind, we provide you with a positive, inclusive and safe environment to share your ideas, showcase your work or to connect with others. We have terms and policies which are very strictly binding, violation of which can result in serious implications. We have opted for all necessary measure to keep this platform secure. We may also share information of misuse of services or harmful content with law enforcement in case of any br /each of terms.

We promise to provide you with our cutting-edge services and modify them as per the rising requirements of our users. These revolutionary services will transform the community as a whole and make struggles of professionals in this field easier.

In order to fulfil our promises completely and provide you with our revolutionary and unique services, we need you to agree on a few conditions.

EligibilityIn order to have access to our services you:

  • Must be twenty- one (21) years old or the minimum legal age in your country to have access to our services
  • Must have completed the registration process
  • Must provide true, complete, and up to date information including contact information
  • Must agree to the terms of use
  • Must not be prohibited from receiving or using any of our services under the applicable law of your country
Your Account

You need to sign up for an account on Builtdesign in order to use our Services.

You must provide accurate and up to date information for your account.

You promise not to (i) intentionally impersonate another person by using their name or email address, (ii) use an offensive name or email address, or (iii) use a name or email address for which you do not have proper authorization.

You are responsible for all activity that occurs on your account.

As a Registered Users or General Users of our Services, the collection, use and sharing of your personal data is subject to this Privacy Policy (which includes our Cookie Policy and other documents referenced in this Privacy Policy) and updates.

To achieve our goal of providing you with a safe platform, it is a must for you to abide by our terms of use requirement and conduct:

Contractual Relationship

Builtdesign may terminate any of these terms or any services with respect to you, or generally, cease offering or deny access to the services or any portion thereof, at any time for any reason.

By clicking on "Register," "Launch," "Join Builtdesign," "Sign Up" or the like, by registering, accessing or using our services or by clicking on a button or taking comparable action to indicate your affirmative recognition of this Agreement ("Terms of Use"), or by finishing the Builtdesign account registration process, you agree that:

  • You have read, understood and agree to be bound by this Agreement and any future modifications and additions to this Agreement as posted on www.builtdesign.in from time to time;
  • You are of legal age to form a binding Agreement with Builtdesign in the jurisdiction in which you live;
  • You have the right to enter the Agreement personally and, if applicable, on behalf of any company, organization or other legal entity you have named as the user during the Builtdesign account registration process and to bind that company, organization or entity to the Contract
Users

Our services are focused on four kinds of services:

  • Students and professionals who have signed up on Builtdesign are the “Registered users”
  • Visitors are the ones who access our website without signing up or creating an account
  • Users that are neither amongst the listed professionals i.e. Architects, Interior designers, general public etc. or Architecture & Interior Design Students are termed as “other” users
  • Users who take advantage of our project listing services are termed as “clients”
Services

The conditions of this agreement apply to www.builtdesign.in, Builtdesign br /anded applications, and other Builtdesign associated products, applications, communications, and other facilities that state they are provided under these Terms of Use including off-site information compilation for such Services, such as our advertisements. The facilities are outlined in detail below.

The site provides students, architects, interior designers, general public with a professional platform.

1. Designer-oriented services

If you are a Designer, looking for a professional platform to have access to opportunities provided by Builtdesign, you may create an image-based work profile in the format provided by Builtdesign.

2. Client-oriented services

If you’re using Builtdesign’s services as a client, you may upload a Project Br /ief in the format provided by Builtdesign. Builtdesign allows you to host contest for the project through the site.

3. Services for others

Users who are neither architecture students, Architects, Interior designers can create their profile to br /owse through the Site, and/or buy any of the payable services such as sponsorships & Advertisements

Privacy And Use Of Your Personal Information

Any information that you provide to us, including first name, last name, email address, and any other information including personal information you have provided, may provide, or may be collected by us in connection with your use of the Services(“Your Information”), will be collected, maintained and used in order to provide the Services to you or your institution, or in accordance with these Terms, our privacy policy located here ("Privacy Policy"), any additional terms applicable to an individual Product, and any agreement entered into by your institution relating to the Product.

Your Content Your Responsibility:

You’re responsible for the personal information you submit by using our services and assume all risks associated with it.

Your Content Stays Yours:

When you upload content to Builtdesign, you still own it. You do, however, give us permission to use it in ways necessary to provide, improve, promote and protect our services.

Your License To Us:

You grant us a license to use your content. We in no way claim the ownership of the content that you provide us in order to avail our services, you grant Builtdesign (including our third-party hosting providers acting on our behalf) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services. This Section does not affect any rights you may have under applicable data protection laws.


Permissions:

To the extent it’s necessary, you also grant Builtdesign , our affiliates the unrestricted, worldwide, perpetual right and license to display your name, photograph, introduction, experience, education, portfolios etc to the user of our services.

Sharing Of Your Data:

We at Builtdesign we will never sell your data to third parties except in case of merger and amalgamation. However, by providing User data to Builtdesign, you give us permission to use your data solely to do the things we need to do to provide our Services, including but not limited to storing, displaying, reproducing, and distributing your data. This may include providing your data with third parties for br /oader br /oadcast, distribution, or publication.

While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.

By publishing your User Content on our Site, you agree to allow others to view your User Content including when you collaborate and use our services.

You’re responsible for the User Content you submit by using our services and assume all risks associated with it, including anyone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights. By posting, you represent that you own or have the necessary rights to post the content on our services and that doing so doesn’t conflict with any other licenses you’ve granted.

Your Feedback

We welcome your feedback, ideas or suggestions (“Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated. This Section does not limit or affect any rights you may have under applicable data protection laws.

License for our Services

User Data Access:

A user has access to their data at all time and can make modifications to such submitted user data

Our services include a user interface that allows you to upload user content and customize certain aspects of your content. You are granted a limited right to use those services only in conjunction with the services and in accordance with these Terms and Conditions of Use.

You agree to submit accurate, complete, and up-to-date user information.

License

We grant you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms allow.

Upgrades And Updates

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

User conduct and requirement

You represent and warrant that you will not use our services to:

  • Violate this Agreement, or any legislation or regulations, including legislation that controls unsolicited email or other electronic advertising without restriction;
  • Engage or try, to commit an act of money laundering or any other illegal act;
  • Start any program or script to scrape, index, survey or otherwise data, or to put unduly burden or impairing the operation and/or functioning of all aspects of the service, in order to remove any part;
  • Attempt to probe, scan, test, or violate the security features of our Services or of any associated system or network, or to obtain unauthorized access to materials or other information stored thereon; Unauthorised modifying the Builtdesign content or reproduce, display, publicly perform, distribute or otherwise use the Builtdesign content in any way for any personal, public or commercial purpose;
  • Encourage or help anyone do any of the things on this list;
  • Share your password, allow someone else to access your account or do anything that might put your account at risk, sell your username or otherwise transfer it for compensation;
  • Attempt to interfere by any way not expressly specified in this list;
  • Upload or transfer material that infringes our or any other party's privacy, intellectual property, or other proprietary rights;
  • Transmit viruses, Trojan horses, worms, malicious code, or other harmful or destructive content;
  • Exploit minors in a sexual manner or promoting sexual services for adults, representing a private person who offers or sells drugs, alcohol, tobacco, firearms or other hazardous materials, including hate speech;
  • Use our trademark, logo, URL or product name meta tags, concealed text or metadata without our written permission;
  • Remove from any part of the services any copyright, trademark or other proprietary notices.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Builtdesign’ express prior written consent.

Acceptable Use Policy

You agree you will not harm the Services or use the Services to harm others nor will you encourage others or assists others in the same. For example, you must not use the Services to harm, threaten, or harass another person, organization or to build a similar service or website. You must not: (a) damage, disable, overburden, or impair the Service (or any network connected to the Services); (b) resell or redistribute the Services or any part of it; (c) use any unauthorized means to modify, reroute, or gain access to the Services or attempt to carry out these activities; (d) use any automated process or service to access or use the Services; (e) use the Services beyond the features allocation and amounts provided in that Service or in violation of our fair use policy; (f) use the Services to violate any law or distribute malware or malicious Content; or (g) distribute, post, share information or Content you don’t have the right to or is illegal.

We At Draftnet Reserve The Right!

To operate effectively and protect the security and integrity of Draftnet, we need to maintain control over what happens on our services.

We may exercise the following rights at any time and in our sole discretion, and without liability or notice to you:

  1. We reserve the right to cooperate fully in any investigation by law enforcement officials of any violation of this Agreement.
  2. We may change parts or all of the Services and their functionality;
  3. We may suspend or discontinue parts or all of the Services;
  4. We may terminate, suspend, restrict or disable your access to or use of parts or all of the Services;
  5. We may terminate, suspend, restrict or disable access to your Accounts or parts, some or all of Your Sites;
  6. We may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).
  7. As part of our efforts to protect the Service, protect our customers, or to stop you from br /eaching these Terms we retain the right to block or otherwise prevent delivery of any type of file, email or other communication to or from the Services.
  8. Builtdesign may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or br /ing legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Builtdesign’ rights or property, or the rights or property of visitors to or users of the Site, including Builtdesign’ customers.
  9. Builtdesign reserves the right at all times to disclose any information that Builtdesign deems necessary to comply with any applicable law, regulation, legal process or governmental request.
  10. Builtdesign also may disclose your information when Builtdesign determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
  11. Builtdesign may preserve any transmittal or communication by you with Builtdesign through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Builtdesign determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Builtdesign, its employees, users of or visitors to the Site, and the public.
Advertisements

Our Services may contain advertisements. In consideration for Builtdesign letting you access and use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. Because the Services contain content that you and other users provide us, advertising may sometimes appear near your content.

Third Party Interactions

The services may contain links to third-party Websites (“Third-Party Websites”)

  • When you click on a link to a Third-Party Website, we will not warn you that you have left our Website, server or services and we will not warn you that you are subject to the Terms and Conditions (including privacy policies) of another website or destination.
  • Such Third-Party Websites & Advertisements are not under the control of Builtdesign. We are not responsible for any Third-Party Websites, Third-Party Applications, or any Third-Party Advertisements.
  • You use all links in Third-Party Websites & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices of any Third-Party Websites or Third-Party Apps, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
  • You acknowledge and agree that our services are not responsible or liable for: (i) the availability or accuracy of such links, Websites/Apps or any other resources; or (ii) the content, products, or services on or available from such links Websites/Apps or resources.
Payment And Commercial Terms

You agree to pay all charges associated with the Services if you have opted for the paid services. Builtdesign offers multiple payment options to you.

You can make an online payment using your net banking, or through UPI.

If for any reason, your payment is not received by Builtdesign, and the same has been deducted from your respective account User shall raise this discrepancy to their bank.

Builtdesign after investigating the complaint raised by the User shall take necessary steps .

Accounts, Passwords And Security

Most of the features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Builtdesign immediately of any unauthorized use of your account or password, or any other br /each of security. You may be held liable for losses incurred by Builtdesign or any other user of or visitor to the Site due to someone else using your Builtdesign account, or password as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s Builtdesign account or password at any time without the express permission and consent of the holder of that Builtdesign account or password. Builtdesign cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Termination
Our Right To Terminate Your Account

We at Builtdesign have the right to terminate or delete your account under the following reasons:

  • Builtdesign may terminate or suspend any of these terms or any services with respect to any user, or generally cease offering or deny access to the services or any portion thereof, at any time immediately to protect our services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies.
  • We may also do so, if you infringe other people's intellectual property rights, or where we are permitted or required to do so by law.
Notification Of Termination Of Your Account

We may notify you when we take such action to disable or terminate your account. If you believe your account has been terminated in error and you have abided by all the terms and condition in this terms of use, you may write to us at: admin@Builtdesign.com

Your Right To Terminate Your Account

While we hope you remain lifelong with us, you have the right to terminate these Terms at any time and for any reason by deleting your account.

Retention Of Your User Data

In cases wherein, you do not want to stay with us anymore, and you have deleted your account, we may retain your personal information for a reasonable period of time for backup, archival, or audit purposes.

Intellectual Property Rights

Builtdesign mainly deals with two types of intellectual properties:

  1. Builtdesign intellectual property
  2. Third party intellectual property
Builtdesign Intellectual Property

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Our Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of Our Content, contained on the Site is owned, controlled or licensed by or to Builtdesign, and is protected by intellectual property rights and unfair competition laws.

Neither your use of the Services nor this Agreement grants you any right, title or interest in our copyrights, trademarks, patents or any other intellectual property owned by us.

All the intellectual property such as trademarks, copyrights, patents, trade secrets if any used on the platforms by Builtdesign, shall remain the property of Builtdesign, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister companies or of any third party hosting such intellectual property on the Platform.

Third Party Intellectual Property

Builtdesign deeply respects the third-party intellectual property rights that may be implicated in providing Services. Builtdesign shall not claim any right over third-party intellectual property rights in any way whatsoever.

Third party intellectual property rights, and your responsibilities with respect to these rights are outlined below:

  • While creating a portfolio, using our services, you use your own image content such as photos, graphics, text etc. The image content have associated intellectual property rights as described further herein. You retain any and all rights you hold with respect to image content and video content that you upload.
  • Image content shall be protected by Copyright laws, even though Copyright notice is not expressly mentioned on it. You are requested not to use content that might infringe the third-party Intellectual Property rights. Kindly take due permission from the content creator or copyright holder before using it in the video.
  • Furthermore, if you want to publish image content of someone other than yourself, you must get permission from the individuals portrayed in the image content before using the content and must add the owner using the credits attribution fields. Do not upload any image or media content that is confidential or proprietary. We assume no liability with respect to the disclosure or use of confidential or proprietary information uploaded to our services.
Notice Of Copyright Or Other Intellectual Property Infringement:

Please notify us if you believe any of your intellectual property rights have been infringed by a User of our services. Please email report@Builtdesign.com for complaints and customer service inquiries.

Disclaimers & Limitation Of Liability:

DISCLAIMER OF WARRANTIES

WHILE BUILTDESIGN DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. WE STILL AIM TO ENSURE THAT THE INFORMATION PROVIDED IS CORRECT, BUILTDESIGN DOES NOT WARRANT THE ACCURACY AND COMPLETENESS OF THE CONTENT OF THEIR SERVICES. BUILTDESIGN MAY MAKE CHANGES TO THE CONTENT, OR TO THE PRODUCTS AND, IF APPLICABLE, THE PRICES DESCRIBED IN IT, AT ANY TIME WITHOUT NOTICE.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” BUILTDESIGN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND NON-INFRINGEMENT. IN ADDITION, BUILTDESIGN MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. BUILTDESIGN DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTIES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for br /each of contract, tort, negligence or any other cause of action.

LIMITATION OF LIABILITY

YOUR EXCLUSIVE REMEDY AND BUILTDESIGN ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS, ARISING OUT OF THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID BUILTDESIGN, IF ANY, FOR THE PRODUCT YOU PURCHASED.

IN NO EVENT SHALL BUILTDESIGN BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES.

YOU ARE SOLELY RESPONSIBLE FOR MAKING BACKUP COPIES, UPDATING ANY AND ALL OF YOUR CONTENT. BUILTDESIGN SHALL NOT BE LIABLE FOR ANY LOSS OF OR DAMAGE TO YOUR CONTENT.

Also, Builtdesign shall not be responsible, in the case user account is hacked or any unauthorised transaction is made through it.

Builtdesign provides the User with an option to approach Builtdesign in case of unauthorised access or hacking for deletion of the User account.

The User shall assume all risk, liabilities and consequences if his/her account has been accessed illegally or without authorisation through means such as hacking and if, through such unauthorised access, a purchase of the product has been made through our Services. It is specifically clarified that payments of monies towards the Services by unauthorised or illegal use of the Users’ account shall entirely be borne by the user.

Indemnity

You acknowledge to defend, indemnify and hold Builtdesign, its affiliates, subsidiaries, directors, officers, employees, agents, partners and any other licensors (each, an “Indemnified Party”) harmless from and against any claim, disputes or demand, including reasonable attorneys’ fees, made by a third party, relating to, or arising from:

  • Your violation of any third-party right, including without limitation to any right to privacy, publicity rights or intellectual property rights, including content the user distributes through the services;
  • Your wrongful or improper use of the services;
  • Your violation of any applicable laws, rules or regulations or any other applicable law through or related to the use of our services;

The indemnifications set forth above will survive the termination or expiration of this Agreement and/or your use of the services.

Dispute Resolution:

Disputes are defined as any claim, controversy, or dispute between you and Builtdesign including any claims relating in any way to the present Agreement, or the services, amendments, or any other aspects of the Agreement.

For any dispute, you agree to first contact Builtdesign and try to resolve the dispute with us informally. If we need to contact you, we will do so at the email address on your Builtdesign account. If Builtdesign hasn’t been able to resolve the dispute with you informally, we agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration or (for qualifying claims) in small claims court.

Arbitration is a more informal way to resolve our disagreements than a lawsuit in court.

If Dispute Not Resolved Informally

Binding Individual Arbitration
  • You and Builtdesign agree to arbitrate any and all disputes by a neutral arbitrator appointed by us who has the power to award the same damages and relief that a court can.
  • Any arbitration under these general terms will only be on an individual basis.
  • class arbitrations, class actions, private attorney general actions, representative actions and consolidation with other arbitrations are not permitted.
  • You waive any right to have your case decided by a jury and further waive any right to participate in a class action against Builtdesign.
  • If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case, will there be a class or representative arbitration).
  • All disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the provisions of Arbitration and Conciliation Act, 1996.
  • Any arbitration hearing will occur in India, or another mutually agreeable location.
Powers Of Arbitrator
  • The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable.
  • The arbitration will decide the rights and liabilities if any, of you and the Builtdesign.
  • The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties.
  • The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute.
  • The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement).
  • The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded.
  • The arbitrator shall follow the applicable law.
  • The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and the Builtdesign.
Want To Opt Out Of The Arbitration Agreement?

You may opt out of this Arbitration Agreement. If you do so, neither you nor Builtdesign can force the other to arbitrate as a result of this Agreement.

To opt out, you must notify us in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the username (if any), the email address you used to set up your account (if you have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you.

Arbitration is a more informal way to resolve our disagreements than a lawsuit in court.

Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, NOTHING IN THIS AGREEMENT SHALL SUPERSEDE, AMEND, OR MODIFY THE TERMS OF ANY SEPARATE AGREEMENT(S) BETWEEN YOU AND BUILTDESIGN RELATING TO YOUR WORK AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR, INCLUDING WITHOUT LIMITATION, ANY INDEPENDENT CONTRACTOR AGREEMENT GOVERNING YOUR SERVICES.

Builtdesign And Different Geographical Areas

Builtdesign administers and operates the www.builtdesign.in Site from its location in Nagpur, Maharashtra, India; may be administered and operated from various locations outside India. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside India. Builtdesign reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited.

Violation Of These Terms Of Use

If Builtdesign does take any legal action against you as a result of your violation of these Terms of Use, Builtdesign will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Builtdesign. You agree that Builtdesign will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

General Terms

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of the Agreement will continue in full force and effect.

Assignment

These Terms, and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by Builtdesign without restriction.

Any attempted transfer or assignment in violation hereof shall be null and void.

No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Builtdesign failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Updates To Services

Builtdesign may from time to time provide enhancements or improvements to the features/functionality of services, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").

Updates may modify or delete certain features and/or functionalities of the services. You agree that Builtdesign has no obligation to
(i) provide any Updates, or
(ii) continue to provide or enable any features and/or functionalities of services to you.

You further agree that all Updates will be
(i) deemed to constitute an integral part of the services, and
(ii) subject to the Terms of this Agreement.

No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Builtdesign failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Changes To Terms & Conditions

Builtdesign reserves the right to modify the Terms of this Agreement or its policies at any time, effective upon posting of an updated version of this Agreement on its services. You should regularly review this Agreement, as your continued use of the services after any such changes constitute your agreement to such changes.

Changes In Fees

Builtdesign may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Builtdesign makes no commitment to update the materials on the Site with respect to such products and services.

Entire Agreement

The Terms, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire Agreement between Builtdesign and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our services.

Governing Laws

The Agreement and any dispute arising from the same will be governed by applicable data protection law where the Services is provided.

Compliance With Laws

You represent and warrant that your use of our services will comply with all applicable data protection law/ regulations. You may not use our service for any unlawful or discriminatory activities, including acts prohibited by the applicable data protection laws.

You have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you are using any our services.

Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your br /each of any part of these warranties.

Network Access & Devices

You are responsible for obtaining the data network access necessary to use the services. Your mobile network’s data and messaging rates and fees may apply if you access or use the services from a wireless-enabled device and you shall be responsible for such rates and fees.

You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the services and any updates thereto.

In addition, the services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Text Messaging & Promotional Codes

By registering with us by creating an account, you agree that we may send you text (SMS) messages or email communications as part of the normal business operation of your use of the services. You may opt-out of receiving such communication by writing to us at contact@builtdesign.in. You acknowledge that opting out of such communication may impact your use of the services.

Builtdesign may, in its sole discretion, create promotional codes that may be redeemed for account credit, or other features or benefits related to the services and/or a third-party provider’s services, subject to any additional Terms that Builtdesign establishes on a per promotional code basis (“Promo Codes”). Please refer to our supplemental terms from time to time.

No Changes In Terms At Your Request

The terms mentioned herein shall not be changed by any one of you or your group. The same terms and conditions of use shall be applicable to all users.

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