Please review these terms and conditions of use carefully before accessing our websites www.reflectcode.com or using any service from Reflect Code Technologies (OPC) Pvt. Ltd. (“ReflectCode”). By accessing the website or using service from ReflectCode, you are agreeing to these terms and conditions.
This document states the terms and conditions (“Terms”) upon which ReflectCode will provide service to you, including, without limitation, the above listed websites (collectively, the “Website”). These Terms constitute a contractual agreement between you and ReflectCode. By visiting, accessing, using, and/or joining (collectively “using”) the Website and or using service provided by ReflectCode, you express your understanding and acceptance of these Terms. As used in this document, the terms “you” or “your” refers to you, any entity you represent, your or its representatives, successors, assigns and affiliates, and any of your or their devices. If you do not agree to be bound by these Terms, navigate away from the Website and cease using it and service provided by ReflectCode.
• You must be at least eighteen (18) years of age to use the Website, unless the age of majority in your jurisdiction is greater than eighteen (18) years of age, in which case you must be at least the age of majority in your jurisdiction.
• Use of the Website is not permitted where prohibited by law.
• The consideration for your acceptance of these Terms is that, ReflectCode is providing you the ‘Grant of Use’ to use the Website pursuant to Section 2 hereof. You acknowledge and agree that this consideration is adequate and that you have received and understood the consideration.
2. Grant of Use
• ReflectCode grant you a non-exclusive, non-transferable and limited right to access, non-publicly display, and use the Website, including all content available therein (the “Content”), subject to the restrictions of the Website, on your computer or mobile device, consistent with these Terms. You may only access and use the Website for your personal and non-commercial use.
• This grant may be terminated by ReflectCode at will for any reason and at our sole discretion, with or without prior notice. Upon termination, we may, but shall not be obligated to: (i) delete or deactivate your account, (ii) block your e-mail and/or IP addresses or otherwise terminate your use of and ability to use the Website (iii) remove and/or delete any of your User Submissions (defined below). You agree not to use or attempt to use the Website after said termination. Upon termination, the grant of your right to use the Website shall terminate, but all other portions of these Terms shall survive. You acknowledge that ReflectCode is not responsible to you or any third party for the termination of your grant of use.
3. Intellectual Property
• The Content on the Website, excluding User Submissions and Third Party Content (defined below), but including other text, graphical images, photographs, music, video, software, scripts and trademarks, service marks and logos contained therein (collectively “Proprietary Materials”), are owned by and/or licensed to ReflectCode. All Proprietary Materials are subject to copyright, trademark and/or other rights under the laws of applicable jurisdictions, including domestic laws, foreign laws, and international conventions. ReflectCode reserve all rights over Proprietary Materials.
• Except as otherwise explicitly permitted, you agree not to copy, modify, publish, transmit, distribute, participate in the transfer or sale of, create derivative works of, or in any other way exploit, in whole or in part, any Content on the website.
• All the trademarks™ or registered® trademarks including logos and icons (collectively "trademarks") referred on this site remain the property of their respective trademark owners. Any use of such trademarks do not indicate any relationship, endorsement, sponsorship, or affiliation between ReflectCode and the owners of these trademarks.
4. User Submissions
• You are entirely responsible for any and all materials you upload, submit, transmit, create, modify or otherwise make available via the website or ftp sites or any third party file sharing sites or send using email or attachment to email to addresses owned by ReflectCode, including any files, images, videos, source code that you create, modify, transmit or download through the Website (collectively “User Submissions”). User Submissions cannot always be withdrawn. You acknowledge that any disclosure of personal information in User Submissions may make you personally identifiable and that we do not guarantee any confidentiality with respect to User Submissions.
• You shall be solely responsible for any and all of your own User Submissions and any and all consequences of uploading, submitting, modifying, transmitting, creating or otherwise making available the User Submissions. For any and all of your User Submissions, you affirm, represent and warrant that:
- You own or have the necessary licenses, permissions, rights or consents to use and authorize us to use all trademarks, copyrights, trade secrets or other proprietary rights in and to User Submissions for any and all uses contemplated by the Website and these Terms;
- You will not submit, or allow anyone else to submit, any material that depicts any sexually explicit acts
- You have written consent, release, and/or permission from each and every identifiable individual in the User Submission to use the name and/or likeness of each and every such identifiable individual to enable use of the User Submission for any and all uses contemplated by the Websites and these Terms.
• You further agree that you shall not upload, submit, create, transmit, modify or otherwise make available material that:
- Is copyrighted, protected by trade secret or trademark laws, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have explicit permission from the rightful owner to submit the material and to grant us all of the license rights granted herein;
- Is obscene, vulgar, illegal, unlawful, defamatory, fraudulent, libellous, harmful, harassing, abusive, threatening, invasive of privacy or publicity rights, hateful, racially or ethnically offensive, inflammatory, or otherwise inappropriate as decided by ReflectCode in its sole discretion;
- Depicts illegal activities, promotes or depicts physical harm or injury against any group or individual, or promotes or depicts any act of cruelty to animals;
- Impersonates any person or entity or otherwise misrepresents you in any way, including creating a false identity;
- Would constitute, encourage or provide instructions for a criminal offense, a violation of the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; or
- Is unsolicited or unauthorized advertising, promotion, “spam” or any other form of solicitation.
• ReflectCode claim no ownership or control over User Submissions or Third Party Content. You or a third-party licensor, as appropriate, retain all copyrights to User Submissions and you are responsible for protecting those rights as appropriate. You irrevocably grant us a world-wide, non-exclusive, royalty-free, perpetual, non-cancelable, sub-licenseable license to reproduce, publicly perform, publicly display, distribute, adapt, modify, publish, translate, create derivative works of and otherwise exploit User Submissions for any purpose, including without limitation any purpose contemplated by the Website and these Terms. You also irrevocably waive and cause to be waived against us and any of our users any claims and assertions of moral rights or attribution with respect to User Submissions.
• You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to User Submissions. Specifically, you represent and warrant that you own the title to the User Submissions, that you have the right to upload, modify, access, transmit, create or otherwise make available the User Submissions on the Website, and that uploading the User Submissions will not infringe upon any other party's rights or your contractual obligations to other parties.
• You acknowledge that ReflectCode may at our sole discretion refuse to publish, remove, or block access to any User Submission for any reason, or for no reason at all, with or without notice.
• Without limiting the other indemnification provisions herein, you agree to defend us against any claim, demand, suit or proceeding made or brought against us by a third-party alleging that your User Submissions or your use of the Website in violation of these Terms infringes or misappropriates the intellectual property rights of any third-party or violates applicable law and you shall indemnify us for any and all damages against us and for any attorney's fees and other costs incurred by us in connection with any such claim, demand, suit or proceeding.
5. Content on the Website
• You understand and acknowledge that, when using the Website, you may be exposed to content from a variety of sources including content made available on the Website by other users, services, parties and through automated or other means (collectively “Third Party Content”) and that ReflectCode do not control and is not responsible for any Third Party Content. You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent or otherwise objectionable or may cause harm to you or your computer systems and, without limiting the other limitation of liability provisions herein, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto.
• ReflectCode claim no ownership or control over Third Party Content. Third parties retain all rights to Third Party Content and they are responsible for protecting their rights as appropriate.
• You understand and acknowledge that we assume no responsibility whatsoever for monitoring the Website for inappropriate content or conduct. If at any time we choose, in our sole discretion, to monitor such content, we assume no responsibility for such content, have no obligation to modify or remove any such content (including User Submissions and Third Party Content), and assume no responsibility for the conduct of others submitting any such content (including User Submissions and Third Party Content).
• Without limiting the provisions below on limitations of liability and disclaimers of warranties, all Content (including User Submissions and Third Party Content) on the Website is provided to you “AS-IS” for your information and personal use only and you shall not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit for any other purpose whatsoever the Content without the prior written consent of the respective owners/licensors of the Content.
• You acknowledge that ReflectCode may at its sole discretion refuse to publish, remove, or block access to any Content for any reason, or for no reason at all, with or without notice.
6. User Conduct
• You represent and warrant that all the information and content provided by you to us is accurate and current and that you have all necessary rights, power and authority to (i) agree to these Terms, (ii) provide the User Submissions to us, and (iii) perform the acts required of you under these Terms.
• You hereby expressly authorize us to monitor, record and log any of your activities on the Website.
• As a condition of your use of the Website:
- You agree not to use the Website for any unlawful purpose or in any way that is prohibited by these Terms
- You agree to abide by all applicable local, state, national and international laws and regulations
- You agree not to use the Website in any way that exposes us to criminal or civil liability
- You agree that you are solely responsible for all acts and omissions that occur as a result of your use of the Website
- You agree that all your User Submissions belong to you and that you have the right and authority to provide them to us and make use of them on or through the Website
- You agree not to use any automated means, including robots, crawlers or data mining tools, to download, monitor or use data or Content from the Website
- You agree not to take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it
- You agree not to “stalk” or otherwise harass anyone on or through the Website;
- You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any information you transmit
- You agree not to disable, circumvent, or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any content or which enforce limitations on the use of the Website or the content therein
- You agree not to post, link to, or otherwise make available on the Website any material that contains software viruses or any computer code, file or program designed to interrupt, destroy, limit or monitor the functionality of any computer software or hardware or any telecommunications equipment
- You agree not to license, sublicense, sell, resell, transfer, assign, distribute or otherwise in any way commercially exploit or make available the Website or any Content to any third party
- You agree not to “frame” or “mirror” the Website and
- You agree not to reverse engineer any portion of the Website.
• We reserve the right to take appropriate action against any user for any unauthorized use of the Website, including civil, criminal and injunctive redress and the termination of any user's use of the Website. Any use of the Website and our computer systems not authorized by these Terms is a violation of these Terms and certain international, foreign and domestic criminal and civil laws.
7. Copyright Claims
• We respect the intellectual property rights of others. You may not infringe the copyright, trademark or other proprietary informational rights of any party. We may in our sole discretion remove any Content we have reason to believe violates any of the intellectual property rights of others and may terminate your use of the Website if you submit any such Content. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ReflectCode the detailed information by email to email@example.com.
• You acknowledge that we reserve the right to charge for any or all of our services and to change our fees from time to time in our sole discretion. If at any time we terminate your rights to use the Website and/or services provided by ReflectCode because of a breach of these Terms, you shall not be entitled to a refund of any portion of your fees.
• All the taxes, tariff, duty, by whatsoever name called, as applicable and imposed by any government authority from time to time will be charged extra on final fees or thereafter.
This Term shall be governed by and construed in accordance with the laws of India, without reference to principles of conflict of laws. This Term, You and ReflectCode hereby agree to submit any issues or disputes arising out of or in connection with it to the exclusive jurisdiction of the Indian Court of Pune. The failure of ReflectCode to enforce or exercise any provision or right of the Term shall not constitute a waiver of such right or provision. If any provision of the Term is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorney's fees.
You hereby agree to indemnify and hold harmless ReflectCode, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Terms.
In the event that you have a dispute with one of more other users, affiliates or any third parties, you hereby release us, our officers, employees, agents and successors-in-right from claims, demands and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or ReflectCode.
12. Modification of These Terms
We reserve the right to amend these Terms at any time by posting such amended Terms to the Website. No other notification may be made to you about any amendments and encourage you to check back periodically to review this Terms for any changes since your last visit. YOU ACKNOWLEDGE THAT YOUR CONTINUED USE OF THE WEBSITE FOLLOWING SUCH AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH AMENDMENTS, REGARDLESS OF WHETHER YOU HAVE ACTUALLY READ THEM. IF YOU DISAGREES WITH OUR CHANGES THEN YOU SHOULD STOP USING THE SERVICE. IN SUCH EVENT YOU SHALL NOT BE ENTITLED TO A REFUND OF ANY PORTION OF YOUR FEES. ReflectCode may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources and modification as well as termination of released features). Such new features and/or services shall be subject to this terms and conditions otherwise specified by ReflectCode
Revised/updated: August 15, 2019