TERMS AND CONDITIONS
1. YOUR ACCEPTANCE
1.1. This website is provided to the user / viewer (“user”, “you”, “your”) by BestGiraffe Private Limited (“BestGiraffe”). By accessing / using this website i.e. http://www.bestgiraffe.com (which together with its sub-domains, is referred to as the “BestGiraffe Website” or the “Website”), you, notwithstanding whether or not you are an Account Holder (as defined in Clause 2.1), are signifying that you have read, understood and accepted :-
a) these terms and conditions (the “Terms and Conditions”);
b) the BestGiraffe privacy notice (available at: http://www.bestgiraffe.com/company_privacypolicy.asp) and incorporated here by reference (the “Privacy Policy”); and
c) the BestGiraffe Community Guidelines, (available at http://www.bestgiraffe.com/company_legaldisclaimer.asp) and incorporated here by reference (the “Community Guidelines”).
The Terms and Conditions, the Privacy Policy and the Community Guidelines are hereinafter collectively referred to as the “Terms of Use”.
1.2. By accessing or using the Website, or in any way contributing to the Website, you agree to abide by the Terms of Use. If you do not agree to the Terms of Use, please do not use and / or visit the BestGiraffe Website.
1.3. The Terms of Use may be revised / modified by us in our sole discretion from time to time without any notice to you and you agree to be bound by such modifications or revisions BestGiraffe advises you to periodically review the most recently updated version of the same available at bestgiraffe.com. Nothing herein shall be deemed to confer any third-party rights or benefits.
1.4. The Terms and Condition were last revised on June 11th, 2008.
1.5. You expressly acknowledge that the contents of this Website are provided on a ‘as-is’ basis, and BestGiraffe makes no representations or warranties of any kind as to the Website’s availability or the contents of this Website. BestGiraffe retains the right to impose limits on certain features and services, or restrict your access to parts or the entire Website without notice or liability.
1.6. BestGiraffe will not be liable for any damages whatsoever arising out of your use of the Website, and you acknowledge that your use of the Website is entirely at your risk.
2. BESTGIRAFFE WEBSITE
2.1. The Terms of Use apply to all the Users of the BestGiraffe Website, including those who have created an account on the BestGiraffe Website (“Account Holders”).
2.2. The BestGiraffe Website may contain links to third-party websites (“Third-Party Sites”) that are not owned or controlled by BestGiraffe. BestGiraffe assumes no responsibility for the content, privacy policies, or practices of any Third-Party Sites. In addition, BestGiraffe will not and cannot censor or edit the content of any Third-Party Sites. By using the Website, you expressly relieve BestGiraffe from any and all liability arising from your use of any Third-Party Site.
2.3. BestGiraffe advices you to read the Terms of Use and to read the terms and conditions and privacy policies of each of the Third-Party Sites that you visit through the links provided on the BestGiraffe Website.
3. BESTGIRAFFE ACCOUNTS
3.1. On the Best Giraffe Website, you have access to a host of services (the “BestGiraffe Services”) . In addition to the BestGiraffe Services, certain services listed below, are reserved to be availed only by the Account Holders (“Privileged Services”):
a) Upload graphics, photos, audio and video clips, text, photographs, stills or pictures (“Advertisements”) on the BestGiraffe Website. Only when the Advertisements are uploaded on the BestGiraffe Website (“BestGiraffe Advertisements”) they shall be accessible to the Users;
b) Purchase BestGiraffe Advertisements;
c) Rate Best Giraffe Advertisements;
d) Mark favorite BestGiraffe Advertisements; and
e) Make changes to the information i.e. the User’s name, last name, nickname, email address, password, country, postal code, gender, date of birth, address and other details (all collectively referred to as “Information”) submitted while making the User Account.
3.2. In order to access the Privileged Services of the BestGiraffe Website, you need to create an account (“User Account”) by clicking on the link labeled “New User? Sign up for FREE” (available at http://www.bestgiraffe.com/signup.asp) on the BestGiraffe Website. No User is authorized to use / access / visit the User Account of another Account Holder without his / her express permission.
3.3. When creating your User Account, the Information provided about yourself must be true, accurate and complete. If you provide any information that is untrue, inaccurate or incomplete or if BestGiraffe has reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, BestGiraffe has the right to suspend/terminate your User Account and refuse any and all current / future use of the Privileged Services.
3.4. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. You must notify BestGiraffe immediately of any breach of security or unauthorized use of your User Account.
3.5. BestGiraffe will not be liable for losses caused by any unauthorized use of your User Account. However, you may be liable for the losses suffered by BestGiraffe or others due to such unauthorized use of your User Account.
4. GENERAL USE OF THE WEBSITE – PERMISSIONS AND RESTRICTIONS
BestGiraffe hereby grants you permission to access / use / visit the BestGiraffe Website as set forth in these Terms and Conditions, provided that:
4.1. You agree that you shall not, in any way, deface or vandalize this Website, or prevent or restrict others from using the BestGiraffe Website.
4.2. You agree not to interrupt or attempt to interrupt the operation of the BestGiraffe Services and/or the Privileged Services or the BestGiraffe Website, in any way, or disobey any requirements, procedures, policies or regulations of networks connected to the Website, the BestGiraffe Services and/or Privileged Services.
4.3. You agree not to distribute, in any medium, any part of the BestGiraffe Website, including, but not limited to, BestGiraffe Advertisements without BestGiraffe’s prior written authorization.
4.4. You agree not to alter or modify any part of the BestGiraffe Website, including but not limited to BestGiraffe’s embeddable player or any of its related technologies.
4.5. You agree not to access the BestGiraffe Advertisements or the BestGiraffe Content (as defined in Clause 5.1 below) through any technology or means, other than the video playback pages of the Website itself, the BestGiraffe embeddable player, or other explicitly authorized means that BestGiraffe may designate.
4.6. You agree not to use the BestGiraffe Website, including the BestGiraffe embeddable player for any commercial use. Prohibited commercial uses include any of the following actions:
a) sale of access to the Website or its related services (such as the embeddable Player) on another website;
b) use of the Website or its related services (such as the embeddable player), for purposes not consistent with the theme of BestGiraffe; and
c) any use of the Website or its related services (such as the embeddable player) such that BestGiraffe finds, in its sole discretion, amounting to the use of BestGiraffe’s resources or BestGiraffe Advertisements having an effect of competing with, or displacing the market for BestGiraffe, BestGiraffe Content, or its BestGiraffe Advertisements. (For more information about BestGiraffe see our FAQ.)
4.7. If you use the BestGiraffe embeddable player on your website, you must include a prominent link back to the BestGiraffe website on the pages containing the embeddable Player and you may not modify, build upon, or block any portion of the embeddable Player in any way.
4.8. You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, or “offline readers”, which accesses the Website in a manner that sends more request messages to the BestGiraffe servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, BestGiraffe grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. BestGiraffe reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation, and other related purposes.
4.9. You agree not to engage in the use, copying, or distribution of the BestGiraffe Content, unless you have purchased the same through BestGiraffe, including any use, copying, or distribution of BestGiraffe Advertisements obtained through the Website, for any commercial or related purposes.
4.10. You agree not to circumvent, disable or otherwise interfere with security-related features of the BestGiraffe Website or features that prevent or restrict the use or copying of any BestGiraffe Content or enforce limitations on use of the BestGiraffe Website or the BestGiraffe Content therein.
4.11. In addition to the abovementioned, you agree that you will not:
a) post content in an inappropriate category or areas on the Website;
b) violate any laws, third party rights, or the Terms of Use;
c) use BestGiraffe Website if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from the BestGiraffe Website;
d) manipulate the price of any uploaded Advertisement or interfere with other Account Holder’s uploaded Advertisement;
e) circumvent or manipulate the fee structure, billing process, or fees owed to BestGiraffe;
f) you agree not to upload or otherwise transmit any content that is unlawful/harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable or contrary to public interest, public order or national harmony in all relevant jurisdiction.
g) transfer your User Account (including feedback) to another party without the consent of BestGiraffe;
h) distribute, upload, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, chain letters spam or any other form of solicitation.
i) distribute viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware or telecommunications equipment that may harm BestGiraffe, or the interests or property of BestGiraffe users;
j) copy, modify, or distribute content from BestGiraffe Website and/or BestGiraffe’s copyrights and trademarks;
k) harvest or otherwise collect information about Users, including email addresses, without their consent;
l) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
m) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your own Information) from BestGiraffe Website without the prior expressed written permission of BestGiraffe and the appropriate third party, as applicable; or
n) interfere or attempt to interfere with the proper working of BestGiraffe Website or any activities conducted on BestGiraffe Website.
4.12. You will otherwise comply with the Terms of Use and all applicable local, national, and international laws and regulations.
4.13. BestGiraffe reserves the right to discontinue any aspect of the BestGiraffe Website at any time without giving notice of the same.
5. YOUR USE OF BESTGIRAFFE CONTENT ON THE WEBSITE
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the BestGiraffe Website:
5.1. The content on the BestGiraffe Website, except all BestGiraffe Advertisements, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“BestGiraffe Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to BestGiraffe, subject to copyright and other intellectual property rights under the law.
5.2. BestGiraffe Content on the Website is provided to you ‘as is’ for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. BestGiraffe reserves all rights not expressly granted in and to the Website and the BestGiraffe Content.
5.3. You may access BestGiraffe Advertisements solely:
a) for your information and personal use;
b) as intended through the normal functionality of the BestGiraffe Service;
c) for streaming; and
d) for purchase, if you intend to use any of the ideas or content from the BestGiraffe Advertisements.
“Streaming” means a contemporaneous digital transmission of an audio-visual work via the Internet from the BestGiraffe Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user.
If you decide to purchase a BestGiraffe Advertisement, then you are able to download it, and it becomes your property. The purchaser is then free to modify, redistribute or use the content in any way he or she deems fit. It will be immediately removed from the BestGiraffe Website. Plagiarizing any BestGiraffe Advertisement, without remuneration, is a violation of applicable law.
5.4. You may access BestGiraffe Content, BestGiraffe Advertisements and other content only as permitted under these Terms and Conditions. BestGiraffe reserves all rights not expressly granted in and to the BestGiraffe Content, the Privileged Services and the BestGiraffe Services.
5.5. You understand that when using the BestGiraffe Website, you will be exposed to BestGiraffe Advertisements from a variety of sources, and that BestGiraffe is not responsible for the accuracy, usefulness, safety, or intellectual property rights (although it takes reasonable measures to ensure that copyright violations do not occur) of or relating to such BestGiraffe Advertisements. You further understand and acknowledge that you may be exposed to BestGiraffe Advertisements that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against BestGiraffe with respect thereto, and agree to indemnify and hold BestGiraffe, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
6. YOUR BESTGIRAFFE ADVERTISEMENT AND CONDUCT
6.1. As part of the Privileged Services, an Account Holder may upload Advertisements. You understand that whether or not such Advertisements are published, BestGiraffe does not guarantee any confidentiality with respect to any BestGiraffe Advertisements.
6.2. You shall be solely and entirely responsible for the Advertisements that have been uploaded on the Website by you and the consequences of posting or publishing them. In connection with Advertisements uploaded by you, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use, and you hereby authorize BestGiraffe to use all patent, trademark, trade secret, copyright or other proprietary rights in and in connection with any and all BestGiraffe Advertisements so as to enable inclusion and use of the BestGiraffe Advertisements in the manner contemplated by the Website and the Terms of Use.
6.3. For clarity, you retain all of your ownership rights in your uploaded Advertisement. You hereby grant each User of the BestGiraffe Website a non-exclusive license to access your uploaded Advertisement through the Website, and to use, reproduce, distribute, display and perform such uploaded Advertisement, if purchased, under the Terms and Use. You understand and agree, however, that BestGiraffe may retain, but not display or distribute, or make server copies of the BestGiraffe Advertisements that have been removed or deleted.
6.4. In connection with Advertisements, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to any other third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have the permission from their rightful owner to post the material and to grant BestGiraffe all of the license rights granted herein.
6.5. BestGiraffe is not responsible for the contents in BestGiraffe Advertisement or any opinion, recommendation, or advice expressed therein, and BestGiraffe expressly disclaims any and all liability in connection with BestGiraffe Advertisements. BestGiraffe does not permit copyright infringing activities and infringement of intellectual property rights on its Website. BestGiraffe reserves the right to remove BestGiraffe Content and uploaded Advertisements without prior notice.
6.6. In addition, you agree to the following:
a) If you have a dispute with one or more Users, you release BestGiraffe (and its officers, directors, affiliates, partners, licensors, agents, subsidiaries, joint ventures and employees) from any claim, demand and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
b) No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions.
c) Once uploaded, a BestGiraffe Advertisement shall not be submitted to any other forum whereby it is available for purchase, license or any other form of transfer.
7. ACCOUNT TERMINATION POLICY
7.1. BestGiraffe will terminate a User’s access to the Website if, under appropriate circumstances, they offend more than once. The first offence will result in a warning being giving to the user.
7.2. BestGiraffe reserves the right to decide whether BestGiraffe Content or any uploaded Advertisement is appropriate and complies with the Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. BestGiraffe may remove such BestGiraffe Advertisements and/or terminate a User’s access for uploading such material in violation of the Terms of Use at any time, without prior notice and at its sole discretion. BestGiraffe also has the right to remove BestGiraffe Advertisements that are deemed by the administrators to be of sub-standard quality.
8. PURCHASE OF BESTGIRAFFE ADVERTISEMENTS
8.1. If you decide to purchase a BestGiraffe Advertisement you must log on from your Account and click on the [●] icon next to the BestGiraffe Website.
8.2. All purchases of any BestGiraffe Advertisement on the website are firm commitments to purchase. If you are the purchaser for any item, you are obligated to complete the transaction with the seller.
8.3. Depending upon the Account Holder’s preferred mode of payment, [●].
8.4. BestGiraffe strongly advises its Users not to test the site with false purchases, as it will put you at substantial personal legal risk. It is a crime to use a false name, other false personal information or a known invalid Credit Card to purchase. Willfully entering erroneous or fictitious Information may result in prosecution. Please be aware that even if you do not give BestGiraffe your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.
8.5. Upon payment being made by the Purchaser the BestGiraffe Advertisement shall instantly be available for download onto the Account Holder’s computer.
9. PAYMENT STRUCTURE
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10. WARRANTY DISCLAIMER
10.1. You agree that your use of the BestGiraffe Website shall be at your sole risk. To the fullest extent permitted by law, BestGiraffe, its officers, directors, employees, licensors affiliates, partners and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof. BestGiraffe makes no warranties or representations about the accuracy or completeness of the BestGiraffe Content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of the same; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website; (iii) unauthorized access to or use of our secure servers and/or any and all information and/or financial information stored therein; (iv) interruption or cessation of transmission to or from the Website; (iv) bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party; and/or (v) errors or omissions in any BestGiraffe Content or for any loss or damage of any kind incurred as a result of the use of any BestGiraffe Content posted, emailed, transmitted, or otherwise made available via the BestGiraffe Website. BestGiraffe does not warrant, endorse, guarantee, or assume responsibility for any product that is displayed on a BestGiraffe Advertisement. You should use your best judgment and exercise caution where appropriate.
10.2. Further BestGiraffe and its licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees make no warranty that:
a) the BestGiraffe Services and/or the Privileged Services will meet your requirements;
b) the BestGiraffe Services and/or the Privileged Services will be uninterrupted, timely, secure, or error-free;
c) the BestGiraffe Services and/or the Privileged Services will be accessible at any time or at all times via the channel selected or used by you;
d) the BestGiraffe Content or BestGiraffe Advertisements contained on, distributed through, or linked, downloaded or accessed from or through the service, or the results that may be obtained from the use of the service, will be accurate or reliable;
e) the quality of any products, services, information, or other items displayed, purchased or obtained by you through or in connection with the BestGiraffe Services and/or the Privileged Services will meet your expectations; or
f) any errors in the software will be corrected.
10.3. BestGiraffe does not warrant, endorse, guarantee, or assume any responsibility for the resolution, size, brightness, sound, color contrast of the BestGiraffe Advertisements and/or BestGiraffe Content that is displayed on the BestGiraffe Website. The responsibility of the same shall be that of the Account Holder proposing to upload his / her Advertisement on the BestGiraffe Website.
11. LIMITATION OF LIABILITY
11.1. In no event shall BestGiraffe, its officers, directors, employees, licensors, affiliates, partners or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we or our officers, directors, employees, licensors, affiliates, partners as the case may be, have been advised of the possibility of such damages) resulting from any (i) errors, mistakes, or inaccuracies of the BestGiraffe Content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website; (iii) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) interruption or cessation of transmission to or from the Website; (iv) bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Website by any third party; and/or (v) loss or damage of any kind incurred as a result of your use of any BestGiraffe Content posted, emailed, transmitted, or otherwise made available via the BestGiraffe Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
11.2. You specifically acknowledge that BestGiraffe shall not be liable for the BestGiraffe Advertisements or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
12. INDEMNITY
You agree to defend, indemnify and hold harmless BestGiraffe, its parent corporation, officers, directors, employees, licensors, affiliates, partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the BestGiraffe Website; (ii) your violation of any term of the Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your uploaded Advertisements caused damage to a third party. This defense and indemnification obligation will survive the Terms of Use and your use of the BestGiraffe Website.
13. ABILITY TO ACCEPT TERMS OF USE
You affirm that you are either more than eighteen(18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use. In any case, you affirm that you are over the age of eighteen (18), as the BestGiraffe Website is not intended for children under eighteen (18). If you are under eighteen (18) years of age, then please do not use the BestGiraffe Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
14. ASSIGNMENT
The Terms of Use, and any rights and licenses granted hereunder, shall not be transferred or assigned by you, but may be assigned by BestGiraffe without restriction.
15. GENERAL
You agree that the BestGiraffe Website shall be deemed a passive website that does not give rise to personal jurisdiction over BestGiraffe, either specific or general, in jurisdictions other than India. The Terms of Use shall be governed by the substantive laws of India, without respect to its conflict of laws principles. Any claim or dispute between you and BestGiraffe that arises in whole or in part from the BestGiraffe Website shall be decided exclusively by a court of competent jurisdiction located in Mumbai, India. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. No waiver of any term of this the Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and BestGiraffe’s failure to assert any right or provision under the Terms of Use shall not constitute a waiver of such right or provision. Your use of the BestGiraffe Website following any amendment of the Terms of Use will signify your assent to and acceptance of its revised terms. You and BestGiraffe agree that any cause of action arising out of or related to the BestGiraffe Website must commence within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.
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