Terms & Conditions
1. OVERVIEW: This Terms of Service Agreement (this “Agreement”) is entered into by and between Vincegrass Creative Solutions Private Limited hereinafter called as “vincegrass.com” and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of vincegrass.com services (“Services”) purchased or accessed through the vincegrass.com website (this “Site”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services you purchase or access through vincegrass.com.
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and agreements, which are incorporated herein by reference:
Acceptable Use Policy
The terms “we”, “us” or “our” shall refer to vincegrass.com. The terms “you”, “your”, “User” “Subscriber” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
vincegrass.com, in its sole and absolute discretion, may change or modify this agreement and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. You acknowledge and agree that (i) vincegrass.com may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site. In addition, vincegrass.com may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account (“Account”) information, including your email address, current. vincegrass.com assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address as the case may be.
2. ELIGIBILITY AUTHORITY: This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least 18 years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, vincegrass.com finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. vincegrass.com shall not be liable for any loss or damage resulting from vincegrass.com’s reliance on any instruction, notice, document or communication reasonably believed by vincegrass.com to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, vincegrass.com reserves the right (but undertakes no duty) to require additional authentication from you.
3. ACCOUNTS: In order to access some of the features of this Site or use some of the Services found at this Site, you will have to create an Account. You represent and warrant to vincegrass.com that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If vincegrass.com has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, vincegrass.com reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password and Payment Method(s). For security purposes, vincegrass.com recommends that you change your password at least once every three (3) months for each Account you have with vincegrass.com. You must notify vincegrass.com immediately of any breach of security or unauthorized use of your Account. vincegrass.com will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss vincegrass.com or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
4. RULES OF CONDUCT: You acknowledge and agree that:
(A) Your use of this Site and the Services found at this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
(B) You will not impersonate another User or any other person or entity, or submit content on behalf of another User or any other person or entity, without their express prior written consent.
(C) You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
(D) You will not use this Site or the Services found at this Site in a manner (as determined by vincegrass.com in its sole and absolute discretion) that:
Is illegal, or promotes or encourages illegal activity;
Promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behaviour;
• Promotes, encourages or engages in child pornography or the exploitation of children;
• Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;
• Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
• Infringes on the intellectual property rights of another User or any other person or entity;
• Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
• Interferes with the operation of this Site or the Services found at this Site;
• Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
• Contains false or deceptive language, or unsubstantiated or comparative claims, regarding vincegrass.com or vincegrass.com’s Services.
(E) You agree to back-up all of your User Content so that you can access and use it when needed. vincegrass.com does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
(F) You will not use this Site or the Services found at this Site, including any of vincegrass.com’s related technologies, for any commercial use without vincegrass.com’s express prior written consent.
(G) vincegrass.com reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices and fees for the same, at any time.
5. MONITORING OF CONTENT AND ACCOUNT TERMINATION POLICY: vincegrass.com generally does not pre-screen User Content (whether posted to a website hosted by vincegrass.com or posted to this Site). However, vincegrass.com reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. vincegrass.com may remove any item of User Content (whether posted to a website hosted by vincegrass.com or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by vincegrass.com in its sole and absolute discretion), at any time and without prior notice. vincegrass.com may also terminate a User’s access to this Site or the Services found at this Site if vincegrass.com has reason to believe the User is a repeat offender. If vincegrass.com terminates your access to this Site or the Services found at this Site, vincegrass.com may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
6. ADDITIONAL RESERVATION OF RIGHTS: vincegrass.com expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by vincegrass.com in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by vincegrass.com in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of vincegrass.com, its officers, directors, employees and agents, as well as vincegrass.com’s affiliates.
vincegrass.com expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.
7. NO SPAM POLICY: Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”). It is not only harmful because of its negative impact on consumer attitudes toward vincegrass.com, but also because it can overload vincegrass.com’s network and disrupt service to vincegrass.com’s subscribers. Also, maintaining an open SMTP relay is prohibited.
8. TRADEMARK AND/OR COPYRIGHT CLAIMS: vincegrass.com supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please contact us at the address mentioned in CONTACT INFORMATION of this agreement.
9. LINKS TO THIRD-PARTY WEBSITES: This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by vincegrass.com. vincegrass.com assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, vincegrass.com does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release vincegrass.com from any and all liability arising from your use of any third-party website. Accordingly, vincegrass.com encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
10. INDEMNITY: You agree to protect, defend, indemnify and hold harmless vincegrass.com and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by vincegrass.com directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
11. FORCE MAJEURE: Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
12. NO THIRD-PARTY BENEFICIARIES: Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
13. COMPLIANCE WITH LOCAL LAWS: vincegrass.com makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
14. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the federal law of India and the state law of Karnataka, whichever is applicable, without regard to conflict of laws principles.
15. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY: The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
16. CONTACT INFORMATION: If you have any questions about this Agreement, please contact us at the following:
Vincegrass Legal Department
Vincegrass Creative Solutions Private Limited
Corprova, 3424-A, 2nd Floor, Road No-43, Guru Harkishan Marg, Mahindra Park, North West District, Delhi-110034, INDIA