Youtube

Terms and Conditions

ACCEPTANCE

Any Client may accept these terms and conditions without having to sign an acceptance for them to be in effect. If a client accepts a quote, the such client is understood to have understood the terms that apply and to have fully accepted these terms and conditions.

Please carefully read these terms and conditions. You have read and agreed to our terms and conditions if you make a purchase or use our services. Please carefully read these terms and conditions. You have read and agreed to our terms and conditions if you make a purchase or use our services.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise stated, the Site is our property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content") are our property and are either owned by us or licensed to us. The trademarks, service marks, and logos contained therein (the "Marks") are also our property and are either owned by us or licensed to us. Copyright, trademark, and other intellectual property rights laws, as well as unfair competition regulations, all protect them. The Content and the Marks on the Site are provided "AS IS" for your information and personal use only. No portion of the Site, including any Content or Marks, may be distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior writing authorization unless otherwise expressly permitted in these Terms of Use.

You have been given the right to use the Site only for your own private, non-commercial use. You may also download or print a copy of any part of the Content to which you have legal access. You can only use this license if you are allowed to use the Site. All rights not expressly granted to you in relation to the Site, the Content, and the Marks are reserved by us.

USER REPRESENTATIONS

By using the Site, you affirm and warrant that you:

  1. Are of legal age and agree to abide by these Terms of Use.
  2. Are not a minor in the jurisdiction in which you reside.
  3. Will not access the Site using automated or non-human means, including but not limited to bots, scripts, or other means.
  4. Will not use the Site for any unlawful or unauthorized purpose.
  5. Will not use the Site in a manner that would be contrary to any law or regulation in force.

We reserve the right to suspend or cancel your account and prohibit any and all current or future use of the Site (or any portion thereof) if you supply any information that is untrue, inaccurate, out-of-date, or incomplete.

PROHIBITED ACTIVITIES

The Site may only be accessed and used for the purposes for which it is intended by us. The use of the Site for any commercial purposes other than those we have expressly permitted or supported is strictly prohibited.

You consent as a Site user not to:

  • Without our written consent, routinely take data or other materials off the Site and use them to build a collection, compilation, database, or directory.
  • Trick, swindle, or mislead both other users and us, particularly when attempting to learn private account information such as user passwords.
  • The Site's security features, such as those that forbid or prohibit the use or duplication of any Content or impose restrictions on how the Site and/or the Content included therein may be used, may be avoided, disabled, or interfered with in other ways.
  • Disparage, tarnish, or otherwise hurt the Site, us, or both, in our opinion.
  • Use any data you've learned from the website to harass, abuse, or hurt someone else.
  • Use our support services improperly or make fictitious accusations of abuse or misconduct.
  • Use the website in a way that violates any rules or laws that might be in force.
  • Frame the Site or link to it without permission.
  • Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other content, such as excessive capitalization and spamming (repeatedly posting the same message), that obstructs another party's uninterrupted use and enjoyment of the Site, or that alters, impairs, disrupts, or interferes with the Site's use, features, functions, operation, or maintenance.
  • Use the system in any way that is automated, including by utilizing scripts to post comments or messages or by employing data mining, robots, or other methods for gathering and extracting data.
  • Remove any Content's copyright or other intellectual rights notice.
  • Use another user's username or make an attempt to pass as that user.
  • Interfere with, disrupt, or impose an excessive burden on the Site, its associated networks, or its services.
  • Any of our employees or agents working to deliver any part of the Site to you may not be subjected to harassment, annoyance, intimidation, or threat.
  • Attempt to circumvent any Site security measures intended to guard against or limit access to the Site or any area of the Site.
  • Software from the website, including but not limited to Flash, PHP, HTML, JavaScript, or other code, may not be copied or modified.
  • Decipher, decompile, disassemble, or reverse engineer any of the software that makes up or in any way is a component of the Site, unless expressly permitted by relevant law.
  • Use, launch, develop, or distribute any automated system, including without limitation any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, as well as using or launching any unauthorized script or other software, unless it results from a normal search engine or Internet browser usage.
  • To make purchases on the Site, use a buying agency or purchasing agent.
  • Any unlawful use of the website is prohibited, as is the automated or deceptive creation of user accounts or the gathering of users' usernames and/or email addresses for the purpose of sending unsolicited emails.
  • Use the website to try to outdo us or in any other way to make money by running a business or using the website and/or content for any other purpose.
  • Utilize the website to sell or market goods and services.
  • Copy Content
  • Enter Incorrect Information

USER GENERATED CONTRIBUTIONS

The Site may invite you to participate in chat, blogs, message boards, online forums, and other features, as well as other functionality, and may give you a chance to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or other material (collectively, "Contribution"). The Site's other users as well as users of other websites, may be able to read contributions. Because of this, any Contributions you send could be considered non-confidential and non-proprietary. When you develop or make any Contributions available, you guarantee and represent that:

Your Contributions are not and will not violate any third party's proprietary rights, such as copyright, patent, trademark, trade secret, or moral rights, through their creation, distribution, transmission, public performance, or accessing, downloading, or copying them.

You have all required rights, consents, releases, and permissions to use and permit us, the Site, and other users of the Site to use your Contributions in any manner envisioned by the Site and these Terms of Use. You are also the creator and owner of all relevant licenses, rights, consents, releases, and permissions.

Each and every identifiable individual person in your Contributions has given you their written consent, release, and/or permission for you to use their name or likeness in your Contributions so that they can be included on the Site and used in accordance with these Terms of Use.

You acknowledge that:

  • Your Contributions are not untrue, incorrect, or deceptive.
  • Your Contributions do not constitute spam, mass mailings, pyramid schemes, chain letters, unauthorized or unwelcome advertising, promotional materials, or other types of solicitation.
  • Your Contributions (as decided by us) are not violent, harassing, libelous, slanderous, vulgar, filthy, obscene, or otherwise objectionable.
  • No one is intimidated, mocked, disparaged, or abused in Your Contributions.
  • Your Contributions are not used to incite violence against an individual or group of individuals, harass or threaten (in the legal sense of those terms) any other person, or further any other unlawful purpose.
  • There are no laws, rules, or ordinances that are broken by your contributions.
  • The privacy or publicity rights of any third party are not violated by Your Contributions.
  • No laws pertaining to child pornography or other laws aimed at safeguarding the health or welfare of kids are broken by your contributions.
  • Your contributions do not contain any racial, ethnic, national, gendered, sexual, or physically disabled related insults.
  • No other aspect of these Terms of Use or any applicable law or regulation is violated by Your Contributions or by links to content that does so.
  • Your permission to use the Site may be terminated or suspended, among other things, if you use it in a manner that is prohibited by the aforementioned or in any other way that violates these Terms of Use.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

TURNAROUND TIME AND CONTENT CONTROL

Unless a delay is expressly requested by the Client and approved by ergastoneweb Web Design, ergastoneweb will install and publicly post or supply the Client's website by the date mentioned in the project proposal or at the date agreed upon with Client upon ergastoneweb receiving the initial payment.

In exchange, the Client promises to assign one person as a principal contact to help ergastoneweb move the commission along satisfactorily and quickly. To complete the project, ergastoneweb will need the Client to supply website content, such as text, photographs, movies, and sound files, among other things.

THIRD-PARTY WEBSITE AND CONTENT

The Site may contain links to third-party websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items from third parties ("Third-Party Content"). We are not responsible for any Third-Party Websites or Third-Party Content accessed through the Site or posted on, available through, or installed from the Site, including their content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies. We do not endorse or approve Third-Party Websites or Content. You browse Third-Party Websites and use or install Third-Party Content at your own risk, and these Terms of Use no longer apply. Any website you visit from the Site, or any program you use or install from the Site should have terms and policies, including privacy and data collection practices, that you should consider. We are not liable for Third-Party Website purchases that are between you and the third party. You realize that we do not support Third-Party Website products or services and agree to hold us liable for any harm caused by your purchase. You also agree to indemnify us for any damages or harm you suffer from Third-Party Content or Third-Party Websites.

SITE MANAGEMENT

We retain the right, but not the duty, to:

(1) Monitor the Site for infringements of these Terms of Service;

(2) Take legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation notifying law enforcement;

(3) We may, at our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technically practicable) any of your Contributions or any portion thereof;

(4) We reserve the right, in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise deactivate all files and content that are excessive in size or otherwise burdensome to our systems; and

(5) Manage the Site in a manner devised to safeguard our rights and property and to ensure the Site's proper operation.

PRIVACY POLICY

Data security and privacy are important to us. You consent to be governed by our Privacy Policy, which is included in these Terms of Use, by using the Site. Please be aware that the website is located in India. By continuing to use the Site, you are transferring your data to the India, and you agree to have your data transferred to and processed in the India, if you are accessing the Site from a location where the applicable laws regarding the collection, use, or disclosure of personal data differ from those in the India.

TERM AND TERMINATION

While you use the Site, these Terms of Use will continue to be in full force and effect. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without prior notification or liability, refuse access to and use of the Site to anyone for any reason or no reason at all, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation, including blocking specific IP addresses. At any time, without prior notice, and at our sole discretion, we may stop allowing you to use or participate in the Site or delete any material or information that you have posted.

You are forbidden from registering and setting up a new account in the name of any third person, even if you could be acting on their behalf, even if we terminate or suspend your account for any reason. We reserve the right to pursue appropriate legal action, including, without limitation seeking civil, criminal, and injunctive redress, in addition to canceling or suspending your account.

MODIFICATIONS AND INTERRUPTIONS

The Site's contents are subject to alteration, modification, or removal at any time and without prior notice for any reason. We are not obligated to update any material on our website, though. Additionally, we retain the right to change or stop offering the Site altogether at any time without prior notice. Any time the Site is altered, its price is raised, it is suspended, or it is discontinued, we won't be held responsible to you or any other person.

The availability of the Site cannot be guaranteed at all times. We might encounter hardware, software, or other issues or need to carry out maintenance on the Site, which would cause disruptions, delays, or mistakes. Without giving you prior notice, we reserve the right to suspend, stop, change, revise, or otherwise modify the Site at any time and for any reason. You acknowledge that we are under no obligation to compensate you for any loss, harm, or inconvenience resulting from your inability to use or access the Site while it is unavailable or inactive. Nothing in these Terms of Use shall be deemed to oblige us to provide any updates, releases, or corrections in connection with the Site or to maintain and support the Site.

CORRECTIONS

The Site may contain typographical mistakes, inaccuracies, or omissions that may relate to the descriptions, prices, availability, or other information. We retain the right to change or update the information on the Site at any time, without prior notice, in order to address any mistakes, inaccuracies, or omissions.

LIMITATIONS OF LIABILITY

Even if we have been informed of the possibility of such damages, in no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the website. Limitations on implicit warranties and the exclusion or restriction of certain damages are prohibited by several international laws. If these laws apply to you, some or all of the aforementioned limits or disclaimers may not be applicable to you, and you might even be entitled to more rights.

INDEMNIFICATION

You consent to defend, indemnify, and hold harmless us, our subsidiaries, affiliates, and each of our officers, agents, partners, and employees from and against any loss, damage, liability, claim, or demand made by any third party due to or resulting from:

(1) your contributions;
(2) use the site;
(3) a violation of these terms of use;
(4) any violation of your promises and guarantees outlined in these Terms of Use;
(5) You have violated a third party's rights, including but not limited to intellectual property rights.
(6) any overtly damaging actions you commit against another Site user with whom you have associated.

Despite the aforementioned, we reserve the right, at your expense, to take exclusive responsibility for the defense and management of any issue for which you are obligated to indemnify us, and you undertake to assist us in the defense of such claims, also at your expense. Upon becoming aware of any such claim, action, or proceeding that is covered by this indemnity, we shall use commercially reasonable efforts to give you notice thereof.

GOVERNING LAW

The laws of India shall govern these Terms and be followed in their interpretation. You and ergastoneweb hereby expressly agree that any dispute relating in any way to these conditions shall be resolved exclusively by the courts located in India.

CONTACT US

If you have a concern about the Site or would like more information about how to use the Site, please get in touch with us at: admin@ergastoneweb.com