A CREATIVE AGENCY
Pradhyuman JadejaFounder & CEO
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Copyright © Likenone Marketing Solutions Pvt. Ltd. All Rights Reserved
This User Agreement describes the terms on which Likenone Marketing Solutions Pvt. Ltd. (“Likenone”, “we”, “us”), an India based limited liability company with its principal place of business in Ahmedabad, India, offers you (“you” or “your”) access to our site (including all content and functionality available through Likenone.com), and services provided by us. By visiting or using the services available on Likenone.com (the “Site” or “Likenone.com”) you are agreeing to the following terms without change, including those terms available by hyperlink (collectively, the “Agreement”). If you do not agree to any of the terms in this Agreement and the related policies referenced in this Agreement, please do not use this Site.
This Agreement is effective on June 20, 2013 and your continued use of the Site after such time will signify your acceptance of this Agreement.
Only parties that can lawfully enter into and form legal contracts may use the Site and our services. If you use our services, you expressly represent to us that you are at least over the age of eighteen (18) and may lawfully enter into and form binding contracts, conditions, obligations, affirmations, representations and warranties. Before you may become a member of the Site, you must read and accept all of the terms and conditions in this Agreement. We reserve the right in our sole and absolute discretion to refuse, suspend, or terminate service to anyone.
2. Use Of The Site
You agree that you will use the Site and our services only for lawful purposes and in a lawful manner.
You may be required to create an account and specify a password to use certain features on the LIKENONE Websites. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password, or other account information.
You are entirely responsible for maintaining the confidentiality of your password and your account. And you are entirely responsible for all activity made by you or anyone that uses your account. You agree to safeguard your password from access by others. If you believe that your account has been compromised, you must immediately contact Likenone via email or letter at the address specified at the end of this Agreement. You agree to indemnify and hold harmless Likenone for losses incurred by Likenone or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.Content Posted or Submitted by You:
All artwork, presentations, drawings, sketches, writings, photography, films, digital materials, ideas, concepts, designs, text, plans, other copyrightable material and all other results and proceeds of your services for Likenone that you conceive, develop, produce or procure in connection with any Likenone project at any time, including, without limitation, all elements thereof and all materials incorporated therein and all preliminary or other copies thereof, whether such materials and elements were conceived or created by you individually or jointly, and whether such materials and elements are included in or related to any initial submission you may make or, if you are requested to perform any additional rounds of services, such additional rounds of services, and all related materials and elements, shall all be referred to collectively herein as “Content” and shall all be “works made for hire,” with all rights therein, including, without limitation, the exclusive copyright, being the property of Likenone or the Likenone Client. In the event that any such Content is considered not to be a “work made for hire,” you hereby assign to Likenone all right, title, and interest in and to such Content. For purposes of clarity, you understand that Likenone or the Likenone Client has the right to edit, alter, or modify the Content as it so chooses. You agree that you have no interest in any Content that you submit to Likenone, including, without limitation, any security interest therein, and hereby release to Likenone any interest therein (if any) which may be created by operation of law. In addition, you waive the benefit of any provision of law known as droit moral or moral rights, or any similar or analogous law or decision in any country of the world. You agree to execute and deliver any additional documents and paperwork that Likenone may reasonably request (if any) in order to evidence the grant of rights contained in this Agreement.
You represent and warrant that any Content that you submit to Likenone shall be original to you and created solely by you and does not infringe upon the copyright or any other right of any other person or entity, and that you have not previously granted any rights to such Content to any other person or entity. You further represent and warrant that use of the Content by Likenone or the Likenone Client in any manner, media or venue whatsoever, including, without limitation, for purposes of product development, packaging development, advertising and promotion of product and services, office and retail space design, web and mobile design and development of the Likenone’s Client, shall not violate any third party rights.Content Posted by Other Users:
Likenone is not responsible for, and does not endorse, Content or any opinion, recommendation, or advice expressed by others in any posting made by other users on the Likenone Websites. Under no circumstances shall Likenone be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with any Content posted by a third party on the Likenone Websites. If you become aware of misuse of the Likenone Websites by any person, please contact Likenone via email or letter at the address specified at the end of this Agreement. If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
While using the Likenone Site and its services, you agree that you will not:
- register under a false name or use an invalid or unauthorized email or physical address;
- use another's account without permission;
- impersonate another user or participate in projects under a false name;
- post a project on the Site for substantially the same design or written work that you are concurrently sourcing on another site;
- use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using the Site;
- submit material/ content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party; unless you are the owner of such rights or have permission from the rightful owner to post the material and grant us all of the license rights under this Agreement;
- violate any laws, third party rights, or our rights;
- fail to provide to Likenone and Likenone’s Client final deliverables required if you are the winning creative
- post content that is false, inaccurate, misleading, defamatory, unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing including personal information); to any other person or entity as determined by Likenone in its sole discretion or pursuant to local community standards
- harass, threaten, stalk, or abuse or cyber-bully any person;
- take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off Likenone.com or using it for purposes unrelated to Likenone.com);
- transfer your account and User ID to another party without our consent or allow any other person or entity to use your identification for posting or viewing comments or impersonate another person when posting Content;
- distribute or post spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm us, or the interests or property of our users;
- copy, modify, or distribute content from the Site and/or our copyrights and trademarks; or post URLs to external websites or any form of HTML or programming code;
- harvest or otherwise collect information about users, including email addresses, without their consent or post telephone numbers, street addresses, or last names of any person;
- engage in any other conduct that restricts or inhibits any other person from using or enjoying the Likenone Websites, or which, in the sole discretion of Likenone, exposes Likenone or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
- use Likenone Websites for any purpose in violation of local, state, or federal laws or regulations;
Much of the information on the Site is updated on a real-time basis and is proprietary to us, our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to us) from the Site without our prior express written permission and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (d) bypass any measures we may use to prevent or restrict access to the Site. Notwithstanding the foregoing, Likenone 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.
We may report fraudulent conduct to law enforcement, and we will cooperate with law enforcement to ensure that violators are prosecuted to the fullest extent of the law.Likenone reserves the right, at its sole discretion, but is not obligated to do any or all of the following:
Immediately stop any project or transaction, prevent or restrict access to the Site or to our services, or take any other action in case of technical problems, objectionable material, inaccurate project listings, inappropriately categorized projects, inaccuracies, unlawful projects or content, procedures or actions otherwise prohibited by our policies and rules, or for any other reason.
Monitor, edit, or disclose any Content on the Likenone Websites; and
Edit or delete any Content posted on the Likenone Websites, regardless of whether such Content violates these standards.
We do not endorse any user submitted content to the Site, or any opinion, recommendation, or advice expressed by users. We expressly disclaim any and all liability in connection with content submitted by users.3. LIKENONE TRADEMARKS AND COPYRIGHTS:
All content included or available on the LIKENONE Websites, including the site design, text, graphics, interfaces, and the selection and arrangements thereof is protected by copyright or other intellectual property laws and is owned or controlled by LIKENONE (unless otherwise noted). LIKENONE and/or its licensors retain all right, title and interest in and to all patent rights, trademarks, inventions, copyrights, know-how and trade secrets relating to the LIKENONE Websites.
Additionally, all trademarks, logos, and service marks displayed on the LIKENONE Websites are registered and unregistered Trademarks of LIKENONE and/or third parties who have authorized their use (collectively the "Trademarks"). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. LIKENONE will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. LIKENONE neither warrants nor represents that your use of materials displayed on the LIKENONE Websites will not infringe rights of third parties not owned by or affiliated with LIKENONE. Use of any materials on the LIKENONE Websites is at your own risk.
Except as expressly provided in the "Limited License" section above, your use of and access to the LIKENONE Websites does not grant you any license or right to use any of LIKENONE’ Trademarks, trade names or copyrights.4. THIRD-PARTY COPYRIGHTS:
If you believe any Content on the LIKENONE Websites infringes your copyright, you may request removal of such Content (or access thereto) from the LIKENONE Websites by contacting LIKENONE's Copyright Agent at the address set forth at the end of this document and providing the following information:
Your names, address, telephone number, and e-mail address.
Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide LIKENONE with its URL or any other pertinent information that will allow LIKENONE to locate the material
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
LIKENONE’s copyright agent for notice of claims of copyright infringement can be reached as follows:
Name: Chief Operating Officer
Address: Likenone Marketing Solutions Pvt. Ltd.
C/ 508-A, Ganesh Meridian
Off. S. G. Highway
In an effort to protect the rights of copyright owners, it is the policy of LIKENONE to terminate the account or accounts of suspected infringers on LIKENONE Websites in appropriate circumstances and at the sole discretion of LIKENONE.5. Software License:
All software accessed and used by you through the LIKENONE Websites is only licensed for your personal use pursuant to the terms of this Agreement. The software is the property of LIKENONE and LIKENONE shall retain full title and ownership rights in and to the software, including translations, modified forms, derivative works or copies of the forgoing that may be created by or for the benefit of you. You agree to use the software only for your own personal and internal business purposes. You agree not to decompile, disassemble or reverse engineer any LIKENONE software or attempt to do so. You shall not copy, transfer, lend, sell, rent, lease or otherwise use the LIKENONE software except as expressly permitted by this agreement. You shall not use a LIKENONE software product in conjunction with any non-LIKENONE product that decompiles or recompiles the LIKENONE software or in any way creates a derivative or modified copy of the LIKENONE software. You shall not take or permit any action that would enable yourself or any third party to claim any right, interest or ownership of any version, translation, compilation, modification or derivative work of any portion of the LIKENONE software.6. Hyperlinks:
The LIKENONE Websites may contain hyperlinks to third-party websites. LIKENONE does not control or endorse these third-party websites or any goods or services sold on those websites. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. You acknowledge and agree that LIKENONE is not responsible or liable for any content or other materials on these third party websites.7. Governing Law and Severability:
The LIKENONE Websites are provided on an "as is" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, LIKENONE, ITS PARENT, SUBSIDIARIES, AND AFFILIATES (THE "LIKENONE ENTITIES"), AND EACH OF THEIR AGENTS, CLIENTS, REPRESENTATIVES AND SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. The LIKENONE Entities, their agents, clients, representatives and service providers cannot and do not guarantee or warrant that: (a) the LIKENONE Websites will be reliable, accurate, complete, or updated on a timely basis; (b) the LIKENONE Websites will be free of human and machine errors, omissions, delays, interruptions or losses, including loss of data; (c) any files available for downloading from the LIKENONE Websites will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties; (d) any Content you post on the LIKENONE Websites will remain on the LIKENONE Websites; or (e) the functions or services performed on the LIKENONE Websites will be uninterrupted or error-free or that defects in the LIKENONE Websites will be corrected.9. Limitation of Liability:
THE LIKENONE ENTITIES', THEIR AGENTS', CLIENTS’, REPRESENTATIVES' AND SERVICE PROVIDERS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH RESPECT TO YOUR USE OF THE LIKENONE WEBSITES OR ANY SUBMISSION OR REVISED SUBMISSION YOU MAY MAKE IN CONNECTION WITH ANY PROJECT IS TO DISCONTINUE YOUR USE OF THE LIKENONE WEBSITES. THE LIKENONE ENTITIES, THEIR AGENTS, CLIENTS, REPRESENTATIVES AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE LIKENONE WEBSITES, ANY SUBMISSION OR REVISED SUBMISSION YOU MAY MAKE IN CONNECTION WITH ANY PROJECT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE LIKENONE WEBSITES. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, AND EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE LIKENONEENTITIES, THEIR AGENTS, CLIENTS, REPRESENTATIVES AND SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIKENONE ENTITIES', THEIR AGENTS', CLIENTS’, REPRESENTATIVES' AND SERVICE PROVIDER'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.10. Indemnification:
Unless you otherwise tell LIKENONE in writing, LIKENONE will communicate with you by email (using the email you provided to LIKENONE during the registration process, as amended by you) or by posting communications on the LIKENONE Websites. You consent to receive communications from LIKENONE electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication 24 hours after LIKENONE send it to the email address you have provided to LIKENONE (unless the sender is notified that the email address is invalid), or when LIKENONE post such communication on the LIKENONE Websites. You must keep your email address updated, and you must regularly check the LIKENONE Websites for postings. LIKENONE may also give you legal notice to the address provided during the registration process (as amended by you). In such case, notice shall be deemed given three days after the date of mailing.
LIKENONE prefer all notices sent to LIKENONE concerning this Agreement via email to firstname.lastname@example.org. Alternatively a letter may be sent to:
Likenone Marketing Solutions Pvt. Ltd.
C/ 508-A, Ganesh Meridian
Off. S. G. Highway
COLLECTION OF INFORMATION
Collection and Use of Non-Personal Information
Collection of Personal Information
You can browse some of our site without telling us who you are or otherwise transmitting personal information. In order to start or participate in projects, you are required to register and provide certain personal information. If you choose to give us personal information, you consent to the transfer and storage of that information on servers located in the United States. We may collect and store the following personal information: email address, date of birth, Twitter username, professional experience, project related information based on your activities on the LIKENONE Websites (such as files uploaded for your projects or entries to a project); financial information, such as online payment system information like PayPal and others, information included in IRS Form W-9; community discussions, chats, dispute resolution, and correspondence sent to us; and standard web log information, such as connection information, statistics on page views, traffic to and from our site, ad data, and IP address.
Use of Personal Information
LIKENONE does not resell or redistribute your information. You agree that we may use your personal information to:
- provide the services and customer support you request;
- resolve disputes, respond to emails or other inquiries, pay fees, and troubleshoot problems;
- prevent potentially prohibited or illegal activities, and enforce our site policies;
- customize, measure and improve our services and content;
- communicate project based information or suspicious activity and policy violations to you; and
- compare your information for accuracy, and verify it with third parties.
Either your public alias (optional), your first name and initial of your last name, or your avatar (optional) may be publicly displayed on the LIKENONE Websites, however you may choose not to display any of the above. LIKENONE employees and its independent contractors who may provide project level administrative functions can see for example the information you provided when you joined the LIKENONE Community, your project submissions, communications and rank.
How You Can Protect Your Account
Your password is your key to your account. Use unique numbers, letters and special characters, and do not share your password with anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken on your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify us and change your password.
How You Can Access, Review or Change Your Personal Information
You can see, review and change your personal information via your account setting tab. You must promptly update your personal information if it changes or is inaccurate. Once you make a public work posting, you may not remove it. If you request, we will close your account and remove your personal information from view as soon as reasonably possible. We do retain personal information from closed accounts to comply with law, prevent fraud, make any payments owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our site policies, and take other actions permitted by law. Other Internet sites you visit, including those linked from the LIKENONE website, may have their own privacy policies or no policy at all. Other websites might use personal information differently than our policy permits. We strongly encourage you to review the privacy policies of any site before providing any personal information.
DISCLOSURE OF INFORMATION
We may disclose personal information if we are legally required to do so, to enforce our policies, to respond to claims that content you submitted violates the rights of others, or to protect the rights, property, or safety of third parties. We may also share your personal information with: entities or individuals that perform functions on our behalf, including, but not limited to, advertising, promotional, internet, and technical service providers (collectively, “Service Providers”) who help us with our business operations (such as website hosting, email compliance, data analysis, and fraud investigations); third parties to whom you expressly agree to share your information with; and law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity (we will disclose information relevant to the investigation, such as name, city, state, zip code, telephone number, email address, public alias history, IP address, fraud complaints, as well as project and entry history) or otherwise in response to the judicial process.
SECURITY OF INFORMATION
However, third parties may unlawfully intercept or access transmissions or private communications, and may abuse or misuse your personal information that they collect or have unauthorized access to. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.
Transactions while logging in, registering and in a logged in session are conducted in a Secure Socket Layer (SSL) session, which encrypts all transaction data for transmittal in a format that prevents theft of the information. While on a secure page, a lock will appear on the web browser and this lets you know that you are in a secured session. Our databases are protected from general employee access both physically and logically. We encrypt your account password so that your password cannot be recovered, even by us.
The LIKENONE website is intended for adults 18 years of age and older. LIKENONE does not knowingly collect personal information from children under the age of 13.
In the event that LIKENONE or any of its assets are acquired by a third party, personal information acquired by LIKENONE may be one of the assets transferred in such acquisition.
THIRD PARTY WEBSITES
LIKENONE is not responsible for the policies, content, and practices of third party websites to which a LIKENONE Website may link. Please refer to those sites’ own privacy policies to learn how they collect and use personal information.
CHANGES TO THIS PRIVACY STATEMENT
Likenone Marketing Solutions Pvt. Ltd.
C/ 508-A, Ganesh Meridian
Off. S. G. Highway
Email us: email@example.com
© Likenone Marketing Solutions Pvt. Ltd, Inc. All rights reserved.