Shortcuts to Contents:
- Description of Service
- Rules and Service can change
- Registration
- Content
- Privacy
- Conduct
- Termination
- Disclaimer
- Limitation of Liability
- Indemnity
- Arbitration
- Contact Info
By using the BrandAdda.com site (hereafter called BrandAdda), you, the user agree to the following Rules and Conditions ("Terms of Service" or TOS). The goal of these rules is to keep the experience on BrandAdda, fun, productive, and safe for all. First, a brief description of the Service at BrandAdda.
BrandAdda is a site that allows users to consume and publish content relating to Products, Services, and Brands. Some of the content is original content created or produced by the user, and some of it points or links to content existing elsewhere, but published at BrandAdda for aggregation and sharing purposes.
The kinds of content that can be found on the site are:
- Logos & Descriptive information about Products, Services and Brands
- Polls, Reviews, Ratings
- Comments, Ideas
- Promotions
- Ads
- Photos, Videos
- Blogs
BrandAdda is a service created by SmartCrowds Software Private Limited (hereafter called SmartCrowds).
From time to time, the TOS may change due to evolution of the service itself, due to changes in laws or regulations, or due to other changes. Any changes will be effective immediately after posting to this site. It is your responsibility to keep yourself aware of these changes so that you can comply. Your continued use of the service implies that you agree to the TOS. SmartCrowds will make every effort to notify you of any material changes to the TOS.
You agree that you are atleast 18 years of age when you register. After you register, you will receive an email to your registered email address. The email will contain a link that you can use to activate your account. You are responsible for any activity that is conducted under this account. The safekeeping of your user id and password from unauthorized use is your responsibility. If you notice unauthorized access to your account, notify us immediately.
You agree to upload and offer any content to SmartCrowds for publication on the site, under the terms of the Creative Commons Attribution 3.0 Unported license available at http://creativecommons.org/licenses/by/3.0/. SmartCrowds may adapt, repackage or re-publish the content or use the published content to develop analytical reports, and sell the reports. The reports will not, however, contain any personally identifiable information.
You agree that you will not upload any third party material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant SmartCrowds all of the rights granted herein. You further agree that you will not publish any content where it is illegal to do so. It is your responsibility to abide by the intellectual property rights of any content that you upload. You will not publish any content that is illegal, vulgar, defamatory, obscene, racist, promoting hatred, or mis-representing facts. SmartCrowds has the right to remove any such content on its sole discretion, or upon request by rightful owners of the content.
You are fully responsible for all Content that you publish on the site. SmartCrowds does not guarantee the accuracy, integrity or quality of any Content. SmartCrowds is not liable for any damages to anyone resulting from the use of content published by you.
You agree to abide by all the terms and conditions set forth in the Terms of Service and shall defend, indemnify and hold harmless SmartCrowds, its affiliates, and their respective employees, directors, agents, officers and assignees from and against any and all demands, losses, liabilities, damages and claims, and all related costs and expenses (including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties) incurred or asserted by any third party arising out of your non-compliance or breach of the Terms of Service and all terms, guidelines and rules referenced herein.
There will be some communications from SmartCrowds to you from time to time, relating to administration of your account. When you publish content to the site, that content is displayed to other users on the site, and your userid, and your photo (if provided by you) will be displayed along with it.
Your use of the Service is governed by a Privacy Policy that is posted on the site.
You may not spam BrandAdda, or any other site by using BrandAdda services. You may not abuse or malign users on BrandAdda or on any other site by using BrandAdda services.
You are responsible for complying with the local laws of your region, that apply to online activities.
SmartCrowds has the right to delete your account, and all your content if there is evidence of violation of TOS. Any information entered during registration that is not accurate will result in termination of your account.
BRANDADDA IS PROVIDED BY SMARTCROWDS ON AN "AS IS" BASIS. SMARTCROWDS AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE SITE, SERVICE OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE OR IN ASSOCIATION WITH THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SMARTCROWDS AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SMARTCROWDS AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SMARTCROWDS IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE SITE. SMARTCROWDS does not warrant or covenant that the Service will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the Service is free of viruses or other potentially harmful components. Any material or Content downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM SMARTCROWDS, THE BRANDADDA SITE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
The Company makes no guarantees about the service quality and uptime, and is not liable for any damages resulting from any changes to the terms and conditions, from flucuations in the the quality and uptime, and from the use of the BrandAdda site and service.
SmartCrowds shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond SmartCrowd's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). WITHOUT LIMITING THE FOREGOING, SMARTCROWDS AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SMARTCROWD's MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO SMARTCROWDS FOR SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) US$100 .
You agree to indemnify and hold SmartCrowds, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to the BrandAdda Site, (ii) your use of the BrandAdda Services, (iii) the violation of these Terms of Service by you, or (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.
If there is any dispute about or involving the BrandAdda Site and/or the Service, by using the Site, you agree that the dispute will be governed by the laws of the Republic of India as applicable in the State of Karnataka without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the courts of the State of Karnataka. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind SmartCrowds in any respect whatsoever. SmartCrowds may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the BrandAdda Site. These Terms of Service, accepted upon use of the BrandAdda Site, and all terms, guidelines and rules referenced herein contain the entire agreement between you and SmartCrowds regarding the use of the Site and/or the Service. The failure of SmartCrowds to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable. These Terms of Service are not assignable, transferable or sublicensable by you except with SmartCrowd's prior written consent. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service include SmartCrowd's acceptable use policy for Content posted on the BrandAdda Site, BrandAdda's Privacy Policy, and any notices regarding the BrandAdda Site.
Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service to tos@smartcrowds.com.