Terms and Conditions
TERMS AND CONDITIONS
This website is owned and operated by MakersBox Foundation (“MakersBox Foundation”, “we,” “us” or “our”). MakersBox Foundation provides this website, including all information, software and services available from this website, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices described herein. Your use of the website constitutes your agreement to all such terms, conditions, policies and notices.
Your Use of the Website<
This website is for your personal and non-commercial use. As a condition to your use of the website, you warrant to MakersBox Foundation that you will not use the website for any purpose that is unlawful or prohibited by these General Terms and Conditions.
Privacy Policy
You explicitly consent to the collection, hosting, use, disclosure and other processing or handling of information as described in the MakersBox Foundation’s Privacy Policy located at https://makersboxfoundation.org/privacy.html as such policy may be amended by MakersBox Foundation in its sole discretion from time to time.[1]
Accuracy, Completeness and Timeliness of Information on the Website
We strive to provide accurate information on our website. We are not responsible, however, if information we make available on this website is not accurate, complete or current. The materials on this website are provided for general information only and should not be relied upon or used as the basis for making any decisions without consulting primary or more accurate, more complete or more timely sources of information. Any reliance on the materials on this website will be at your own risk. This website may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on the website. You agree that it is your responsibility to monitor changes to the website.
Use of Materials From the Website
Except where explicitly stated otherwise, this website and all of its content (including but not limited to software, files, graphics and data) are the property of and owned by MakersBox Foundation and/or its affiliates, suppliers or licensors and are protected by copyright, trademark and other laws of India and other countries. You may display and electronically copy, download and print hard-copy versions of the materials contained on the website for your personal and non-commercial use, provided that you do not modify or delete any copyright, trademark or other proprietary notice that appears on the materials you copy, download or print. When you display, copy, download or print any materials on or from the website, they are provided to you by MakersBox Foundation and/or its affiliates, suppliers or licensors under a license that is revocable at will by MakersBox Foundation. MakersBox Foundation and/or its affiliates, suppliers or licensors retain full and complete title to the materials and to any and all of the associated intellectual property rights. Any other use of the materials on the website, including but not limited to the modification, distribution, transmission, performance, broadcast, reproduction, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any materials, information, software, products or services obtained from the website, without the prior written permission of MakersBox Foundation, is expressly prohibited. Contact us for getting permission to undertake any of these activities on MakersBox Foundation, D-181, Okhla Industrial Area, Phase 1, New Delhi 110020 / Tel: +91.98113.888.21 / https://makersboxfoundation.org/contact-us.html
Materials You Submit
The website may contain features and functionality permitting you to publish, upload, post, display or otherwise submit (collectively, “Publish”) certain information, comments and other content that may be viewed by us, the general public and other users of the website. You are responsible for any information, comments or other content Published by you or any person using your computer. You agree not to Publish any information, comments or other data that is or may reasonably be considered libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing or misappropriating of intellectual property rights, abusive, illegal or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, or consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false email address, impersonate any person or entity or otherwise mislead as to the origin of information, comments or other content Published by you. We reserve the right (but not the obligation) to remove or edit such content, but do not regularly review posted content provided.
You may not use the website in any manner that could damage, disable, overburden or impair any MakersBox Foundation server (including the servers of any MakersBox Foundation’s third-party provider) or the network(s) connected to any MakersBox Foundation server (including the servers of any MakersBox Foundation’s third-party provider), or interfere with any other party's use and enjoyment of all or any portion of the website. You may not attempt to gain unauthorized access to any restricted web pages or any web pages requiring registration in order to view, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website by MakersBox Foundation. Any access or use of web pages requiring registration are subject to your registration on the site and is further governed by the Restricted Sites Terms and Conditions available at www.makersboxfoundation.org
If you do Publish information, comments or other content on or to the website, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these General Terms and Conditions, and where applicable, the Restricted Sites Terms and Conditions and will not cause injury to any person or entity; and that you will indemnify us, our affiliates and our respective directors, officers, employees, representatives and agents for all claims arising from content you Publish, that is Published from your computer or that is Published using your user name and password, if any. We take no responsibility and assume no liability for any content Published by you, from your computer or using your user name and password, if any.
Disclaimers
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NO MEMBER OF THE MakersBox Foundation GROUP (AS DEFINED BELOW) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM (I) YOUR USE OR INABILITY TO USE THIS WEBSITE OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS SITE, (II) FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU SEND US; (III) THE PUBLISHING OF ANY INFORMATION, COMMENTS OR OTHER INFORMATION ON OR TO THE WEBSITE BY YOU OR ANY PERSON USING YOUR COMPUTER; OR (IV) THE USE BY ANY THIRD PARTY OF YOUR USER NAME OR PASSWORD. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS OF NEGLIGENCE, OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS WEBSITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You will indemnify and hold harmless MakersBox Foundation, its affiliates and their respective current, future or former officers, directors, partners, employees, agents, contractors, licensors, suppliers and their successors or assigns (collectively, the “MakersBox Foundation Group”) on demand, from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees) incurred by any of the members of the MakersBox Foundation Group, and, if directed by MakersBox Foundation, shall defend the MakersBox Foundation Group against (i) all claims that any information, data or other materials provided or Published by you in connection with the website or these General Terms and Conditions, or use thereof by any member of the MakersBox Foundation Group, infringes, misappropriates or otherwise violates any patent, trademark, copyright, trade secret or other intellectual property, proprietary or privacy right of a third party, or that violates any law, rule or regulation; (ii) all claims arising from fraud, intentional misconduct, criminal acts or gross negligence by you; and (iii) all claims otherwise arising due to a failure by you to comply with any term or condition of these General Terms and Conditions.
Featured Links
This website may contain hyperlinks to other Internet websites. These hyperlinks are provided for your information and convenience only. MakersBox Foundation does not control these other websites and is not responsible for their content; nor does MakersBox Foundation’s inclusion of hyperlinks to such websites imply any endorsement or approval of the material on such websites or any association with their operators. Check the URL address provided in your browser to determine whether you are still in this MakersBox Foundation website or have moved to another site.
Linking
MakersBox Foundation permits linking to content on our website. Linking should not suggest that MakersBox Foundation promotes or encourages any third party's causes, ideas, websites, products or services. Linking should not use MakersBox Foundation’s content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity. MakersBox Foundation reserves the right to withdraw permission for any link.
Copyright
Except for material in the public domain under Indian copyright law, all material contained on the website (including all software, HTML code, Java applets, Active X controls and other code) is protected by applicable Indian and foreign copyright laws. Except as otherwise expressly provided in these General Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer or sell any material contained on the website without the prior consent of the copyright owner. Violation of this provision may result in severe civil and criminal penalties.
Trademarks
MakersBox Foundation® and other marks used on this website are trademarks or registered trademarks of MakersBox Foundation and its affiliates and are protected by state and federal trademark laws. Other trademarks appear on the website with permission from their respective owners. Your unauthorized use of trademarks appearing on the website may constitute trademark infringement, which could subject you to substantial civil penalties.
Termination of Privileges
MakersBox Foundation reserves the right to suspend or terminate your privilege of using all or any portion of this website, including all of your privileges or accounts that you may have established in connection with the website, at any time and without notice to you if, in MakersBox Foundation’s sole judgment, you breach any of these General Terms and Conditions, the Restricted Sites Terms and Conditions, the MakersBox Foundation Privacy Policy or for any other lawful reason. Notwithstanding the termination of your various privileges, the following paragraphs shall survive such termination: Accuracy, Completeness and Timeliness of Information on the Website, Use of Materials from the Website, Materials You Submit, Disclaimers, Limitation of Liability, Indemnification, Copyright, Trademarks, Termination Privileges, Jurisdiction and Miscellaneous.
Changes to These General Terms and Conditions
MakersBox Foundation reserves the right to make changes to these General Terms and Conditions at any time by posting revised General Terms and Conditions on the website. It is your responsibility to check periodically for any changes we may make to these General Terms and Conditions. The most current version of the General Terms and Conditions can be reviewed by clicking on the "Terms and Conditions" hypertext link located at the bottom of our Web pages. By continuing to use the website, you are agreeing to all changes made by MakersBox Foundation.
Jurisdiction
This website is controlled and operated by MakersBox Foundation from its Central office in New Delhi India. We recognize that it is possible for you to obtain access to this website from any jurisdiction in the world, but we have no practical ability to prevent such access. Those who choose to access the website from other locations do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. If any material on this website, or your use of the website, is contrary to the laws of the place where you are when you access it, then the website is not intended for you and we ask you not to use the website. You may not use or export materials on this website in violation of Indian laws and regulations.
If a dispute arises under these General Terms and conditions between you and MakersBox Foundation, such dispute shall be resolved in (i) New Delhi, India; and (ii) at the filing party’s election, in either a small claims court or by final and binding arbitration administered by the National Arbitration Forum/Tribunal under their rules for consumer arbitrations. All disputes in arbitration will be handled solely between the named parties and not on any representative or class basis. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT (OTHER THAN A SMALL CLAIMS COURT) OR JURY. Notwithstanding any other provision of these General Terms and Conditions, MakersBox Foundation may resort to court action for injunctive relief at any time if, in its good faith belief, the dispute resolution procedures described above would permit or cause irreparable injury to MakersBox Foundation or any third party claiming against a MakersBox Foundation, due to delay arising out of such dispute resolution procedures.
Miscellaneous
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. These General Terms and Conditions constitute the entire agreement and understanding between you and ChildFund with respect to use of the website, superseding all prior or contemporaneous communications; except that use of any Restricted Sites are governed by the Restricted Sites Terms and Conditions. A printed version of these General Terms and Conditions shall be admissible in judicial or administrative proceedings based on or relating to use of the website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
How to Contact Us
If you have any questions or comments about these General Terms and Conditions or this website, please Contact Us or write to us at: MakersBox Foundation, D-181, Okhla Industrial Area, Phase 1, New Delhi 11002 / Tel: +91.98113.888.21 / Email: care@makersboxfoundation.org
INDEMNITIES
User will indemnify and hold harmless MakersBox Foundation, its affiliates and their respective current, future or former officers, directors, partners, employees, agents, contractors, and their successors or assigns (collectively, the “MakersBox Foundation Group”) on demand, from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees) incurred by any of the members of the MakersBox Foundation Group, and, if directed by MakersBox Foundation, shall defend the MakersBox Foundation Group against (1) all claims that any information, data or other materials provided by User in connection with the Restricted Sites (including, but not limited to, User’s application for registration to access and use the Restricted Sites) or these Restricted Sites Terms and Conditions, or use thereof by any member of the MakersBox Foundation Group, infringes, misappropriates or otherwise violates any patent, trademark, copyright, trade secret or other intellectual property or proprietary right of a third party, or that violates any Law; (2) all claims arising from fraud, intentional misconduct, criminal acts or gross negligence by User; and (3) all claims otherwise arising due to a failure by User to comply with any term or condition of these Restricted Sites Terms and Conditions, including any additional instructions, guidelines or policies issued by MakersBox Foundation, including those posted on the MakersBox Foundation website (www.makersboxfoundation.org).
Entire Agreement, Amendments and Modifications
These Restricted Terms and Conditions, as supplemented by the MakersBox Foundation website General Terms and Conditions, available at www.makersboxfoundation.org and the MakersBox Foundation’s Privacy Policy, available at www.makersboxfoundation.org and any additional instructions, guidelines or policies issued by MakersBox Foundation, including those posted on the MakersBox Foundation’s website (www.makersboxfoundation.org), constitute the entire agreement of the Parties with regard to the Restricted Sites and all matters addressed herein, and all prior agreements, letters, proposals, discussions and other documents regarding the Restricted Sites and the matters herein are superseded and merged into these Restricted Sites Terms and Conditions.
Force Majeure
MakersBox Foundation will be excused from performance under these Restricted Sites Terms and Conditions for any period that it is prevented from or delayed in performing any obligations pursuant to these Restricted Sites Terms and Conditions, in whole or in part, as a result of a Force Majeure Event. For purposes of this Section , “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (1) weather conditions or other elements of nature or acts of God; (2) acts of war, terrorism, insurrection, riot, civil disorder or rebellion; (3) quarantines or embargoes; (4) labour strikes; (4) telecommunications, network, computer, server or Internet downtime; (5) unauthorized access to MakersBox Foundation’s information technology systems by third parties; or (6) other causes beyond the reasonable control of MakersBox Foundation.
Severability
If any provision of these Restricted Sites Terms and Conditions shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the Parties’ original intentions as nearly as possible in accordance with applicable Law(s).
Assignment
User may not assign these Restricted Sites Terms and Conditions (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of MakersBox Foundation, which may be withheld at MakersBox Foundation’s sole discretion. Any attempted assignment by User that does not comply with the terms of this Section shall be null and void. MakersBox Foundation may assign these Restricted Sites Terms and Conditions, in whole or in part, to any third party in its sole discretion.
