1. AGREEMENT TO TERMS
Welcome to Ognikasa! These Terms of Service ("Terms") govern your access to and use of Ognikasa’s websites, services, and applications (the "Services"). Please read these Terms carefully before using the Services. By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all the terms and conditions of these Terms, then you may not access or use the Services.
2. MODIFICATIONS TO TERMS
Ognikasa reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.
3. ACCESS AND USE OF THE SERVICES
Subject to these Terms, Ognikasa grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your own personal or internal business purposes. You agree not to use the Services for any unlawful purpose or in any way that could damage Ognikasa or its affiliates.
4. USER ACCOUNTS
In order to access certain features of the Services, you may be required to create a user account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and agree not to disclose your password to any third party.
5. CONTENT
You retain ownership of any content you submit, post, or display on or through the Services ("User Content"). By submitting, posting, or displaying User Content on or through the Services, you grant Ognikasa a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Content in any and all media or distribution methods now known or later developed.
6. PROHIBITED CONDUCT
You agree not to engage in any of the following prohibited activities:
(a) Copying, distributing, or disclosing any part of the Services in any medium;
(b) Using any automated system, including "robots," "spiders," "offline readers," etc., to access the Services;
(c) Transmitting spam, chain letters, or other unsolicited email;
(d) Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services;
(e) Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(f) Uploading invalid data, viruses, worms, or other software agents through the Services;
(g) Collecting or harvesting any personally identifiable information, including account names, from the Services;
(h) Using the Services for any commercial solicitation purposes;
(i) Impersonating another person or otherwise misrepresenting your affiliation with a person or entity;
(j) Engaging in any harassing, intimidating, or predatory conduct;
(k) Violating any applicable law or regulation; or
(l) Encouraging or enabling any other individual to do any of the foregoing.
7. PAYMENT TERMS
If you elect to access any paid aspect of the Services, you agree to pay all applicable fees as described on the Services in connection with such paid aspects of the Services selected by you. Ognikasa reserves the right to change its prices and to institute new charges at any time upon notice to you.
8. PRIVACY POLICY
Ognikasa's Privacy Policy governs the processing of all personal data collected from you in connection with your use of the Services. By using the Services, you consent to such processing and warrant that all data provided by you is accurate.
9. THIRD-PARTY LINKS AND CONTENT
The Services may contain links to third-party websites or resources. You acknowledge and agree that Ognikasa is not responsible or liable for:
(a) the availability or accuracy of such websites or resources;
(b) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Ognikasa of such websites or resources or the content, products, or services available from such websites or resources.
(https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-staff-revises-online-advertising-disclosure-guidelines/130312dotcomdisclosures.pdf) and all applicable laws and regulations, including but not limited to Section 5 of the Federal Trade Commission Act or laws applicable in your respective country or jurisdiction. In addition, those Marketers who choose not to use the approved pre-set FTC disclosures for posts publishing through the Platform, or who encourage creators to publish outside of the Platform, acknowledge and agree that (i) Marketer, not MHS, is liable for any FTC violation, and (ii) MHS's manual verification of any such post in the Platform does not shift liability to MHS.
10. TERMINATION
Ognikasa may terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach of these Terms. Upon termination, your right to use the Services will immediately cease, and Ognikasa may delete or deactivate your account and all related information and files in your account.
11. DISCLAIMERS
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." Ognikasa DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Ognikasa MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Ognikasa MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT.
12. TRADEMARKS AND COPYRIGHTS
All graphics, logos, designs, page headers, button icons, scripts, and service names appearing on the Sites are registered and unregistered service marks, trademarks, trade names, or trade dress of Ognikasa or its subsidiaries and affiliates in India and/or other countries (collectively, “trademarks”). Ognikasa’s trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. The images and icons available on our media page may be used by organisations and third-party sites in connection with journalistic promotion of our services; however, commercial applications are forbidden except where pre-approved in writing. Nothing on these sites shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any trademark, logo, or service mark displayed thereon without the owner's prior written permission, except as otherwise described herein. All proprietary rights and goodwill in Ognikasa’s trademarks shall inure to the benefit of Ognikasa. The Ognikasa Sites and all of their content, including but not limited to text, design, graphics, interfaces, and code, and the selection and arrangement thereof, are protected as a compilation under the copyright laws of the United States and other countries. Ognikasa reserves all rights not expressly granted in and to the sites and their content.
13. INDEMNIFICATION
Creators and Marketers each agree to indemnify, defend, and hold Ognikasa, its subsidiaries and affiliates, and its and their employees, officers, and directors (each, an “Ognikasa Entity” and collectively, the “Ognikasa Entities”), and each Ognikasa Entity’s licensors, organisations, licensees, consultants, contractors, agents, attorneys, owners, third party service providers, and third parties authorised to make your listings, results, and/or Services available in connection with third party websites, Social Content and/or Action, blogs, postings, content, applications, and/or e-mails (“Third Party Products”), harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees (collectively, “Claim(s)”), that actually or allegedly arise out of or result from your information or materials, use of the Service, any Social Content and/or Action, your website, or your breach of these Terms. You agree to be solely responsible for defending any Claim against or suffered by Ognikasa and/or any Ognikasa Entity, subject to Ognikasa and/or the Ognikasa Entity’s right to participate with counsel of its own choosing, and for payment of damages or losses resulting from all claims against Ognikasa and/or any Ognikasa Entity provided that you will not agree to any settlement that imposes any obligation or liability on Ognikasa and/or an Ognikasa Entity without Ognikasa’s prior express written consent.
14. WARRANTY DISCLAIMER
MARKETERS AND CREATORS EXPRESSLY AGREE THAT THE SERVICES ARE AVAILABLE ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND THAT YOUR USE THEREOF IS AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Ognikasa DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
(i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
(ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS.
(iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICE OR Ognikasa SITES, OR ANY PART THEREOF.
(iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE OR THE Ognikasa SITES
(v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, ACCURACY OF COMMUNICATIONS, AND ANY OTHER WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY Ognikasa. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICE OR THE Ognikasa SITES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT Ognikasa’S WARRANTY DOES NOT COVER TELECOMMUNICATIONS OR INTERNET OUTAGES CAUSED BY THIRD PARTIES OR OTHERWISE OUTSIDE OF Ognikasa’S CONTROL. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, Ognikasa’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
15. LIMITATION OF LIABILITY
ANY LIABILITY OF Ognikasa TO A MARKETER IN CONNECTION WITH THESE TERMS, REGARDLESS OF THE CAUSE OR FORM OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY MARKETER TO Ognikasa FOR THE SERVICES RELATED TO THE MARKETER’S MOST RECENT OPPORTUNITY. Ognikasa SHALL NOT BE LIABLE TO CREATORS FOR DAMAGES OF ANY KIND ARISING OUT OF CREATORS’ USE OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL Ognikasa OR ANY Ognikasa ENTITY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF, OR IN CONNECTION WITH, THESE TERMS. MARKETER AGREES THAT MARKETER WILL NOT HOLD Ognikasa RESPONSIBLE FOR THE SELECTION OR RETENTION OF, OR ANY ACTS, ERRORS, OR OMISSIONS BY, ANY THIRD PARTY IN CONNECTION WITH THESE TERMS, INCLUDING WITH RESPECT TO CLICKS BY ANY THIRD PARTY ON MARKETER’S LISTING(S) OF OPPORTUNITIES, REGARDLESS OF THE INTENT OF SUCH THIRD PARTY. THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF Ognikasa OR ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, Ognikasa’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
17. CHOICE OF LAW
These Terms shall be governed by and interpreted under the laws of Bengaluru, Karnataka, India, without regard to its conflicts of laws provisions. Any claim against Ognikasa arising from the Terms shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy of any other party. Marketers and Creators further agree that, to the extent allowed by applicable law.
(i) any and all disputes, claims, and causes of action arising out of or in connection with the Terms, shall be resolved individually without resort to any form of class action;
(ii) any claims, judgments and awards shall be limited to reasonable and actual out-of-pocket costs incurred, but in no event attorney's fees; and
(iii) under no circumstances will Marketers and Creators be permitted to obtain any award for, and Marketers and Creators hereby waive all rights to claim, punitive, incidental, indirect or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for reasonable and actual out-of-pocket expenses.
18. ELECTRONIC ACCEPTANCE EFFECTIVE
These Terms set out the legally binding terms for use of Ognikasa’s Sites, Services, and/or Platform. Marketers and Creators indicate acceptance of the Terms and all of the terms and conditions contained or referenced in these Terms by creating an account and accessing the Platform Services. Please print and save a copy of these Terms for record-keeping purposes and be mindful that these Terms may be updated by Ognikasa at any time.
19. MISCELLANEOUS
The Terms constitute the entire terms of service and understanding between the parties regarding the subject matter contained herein and supersedes all previous and contemporaneous terms of service, agreements, proposals and communications in all forms of media (including all instructions, advertisements, messages and policies), written and oral, between any party and Ognikasa regarding the subject matter contained herein. Only a written instrument executed by the party waiving compliance may waive the terms or covenants of the Terms. No waiver by either party of a breach of any provision hereof shall be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself. If any provision of the Terms is held or made invalid or unenforceable for any reason, such invalidity shall not affect the remainder of the Terms, and the invalid or unenforceable provisions shall be replaced by a mutually acceptable provision, which being valid, legal and enforceable comes closest to the original intentions of the parties to the Terms and has like economic effect. Ognikasa shall have no liability under the Terms by reason of any failure or delay in the performance of its obligations on account of strikes, shortages, riots, acts of terrorism, insurrection, fires, flood, storm, explosions, earthquakes, Internet outages, computer virus, Acts of God, war, governmental action, or any other cause that is beyond its reasonable control