These Terms of Service (the "Terms") are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Nouns website at nouns.in (the "Site") and any related mobile or software applications collectively called "Platform" including but not limited to delivery of information via the mobile applications whether existing now or in the future that link to the Terms (collectively, the "Services").
These Terms are effective for all existing and future Nouns users. Please read these Terms carefully. By accessing or using the Nouns Platform, you are agreeing to these Terms and concluding a legally binding contract with Godrej & Boyce Mfg. Co. Ltd. You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Use of the Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.
In order to use the Services, you must first agree to the Terms. You can accept the Terms by:
"User" refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of posting, sharing, displaying, hosting, publishing, transacting editing, uploading, Managing any kind of information or views or pictures and includes other persons jointly participating in using the Services including without limitation to a Manager wherein the user accesses additional services for managing the food spots.
"Content" will include (but is not limited to), information in pertaining to Food Spots, images, posts, uploads, chats, photos, audio, video, location data, nearby places, and all other forms of information or data. "User Content" means content that User upload, share or transmit in connection with the Services, such as likes, ratings, reviews, images, photos, messages, profile information, posts, uploads, chats, data related to any business, place and any other materials that User publicly display or displayed in User’s account profile. "Nouns Content" means content that Nouns creates and makes available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with User’s account and all other elements and components of the Services excluding User’s Content and Third Party Content. "Third Party Content" means content that comes from parties other than Nouns or its users and is available on the Services.
"Food Spot" means any place listed on nouns including but not limited to the business listing submitted by the Users. Food Spot is a notional name given to the people and places which may or may not be in the service of selling or serving food. Manager(s) “Manager” is the user who gains special access rights, through the claiming process, to edit/add information or post/interact on behalf of the foodspot(s) or represent foodspot by any other means and manages the Food Spot(s).
User hereby represent and warrant that User is at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
Compliance with Laws. User shall be responsible for complying with all laws and regulations in India. User agrees to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).
Nouns may vary or amend or change or update these Terms, from time to time entirely at its own discretion. User shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. User’s use of Nouns Platform after any such amendment or change in the Terms shall be deemed as User’s express acceptance to such amended/changed terms and User also agree to be bound by such changed/amended Terms.
User acknowledge and agree that the form and nature of the Services which Nouns provides, may require effecting certain changes in it, therefore, Nouns reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.
Nouns along with the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. User may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to User by Us under the Terms shall be considered part of the Services.
User acknowledge and agree that if Nouns disables access to User’s account, User may be prevented from accessing the Services, User’s account details or any files or other content, which is contained in User’s account.
User understand and acknowledge that Nouns is not responsible if information made available on this site is not accurate, complete or current. The Content on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the Content or any other material on this Site is at User’s own risk.
Nouns does not guarantee quality of the food, service, the prices or the availability of all items indicated for any Food Spot. All pictures and other information contained on these Services are believed to be owned by or licensed to Nouns.
All images shown here have been digitized by Nouns. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Nouns.
Nouns reserves the right to charge subscription and/or membership fees from a User, by giving reasonable prior notice, in respect of any product, service or any other aspect of the Nouns Platform anytime in future.
Nouns may from time to time may introduce referral and/or incentive based programs for its users (Program). These Program(s) maybe governed by their respective terms and conditions. By participating in the Program, Users are bound by the Program terms and conditions as Well as the Nouns Platform terms. Further, Nouns reserves the right to terminate / suspend the User’s account and/or credits / points earned and/or participation of the User in the Program if Nouns determines in its sole discretion that the User has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or Nouns Platform terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, Nouns reserves the right to modify, cancel and discontinue its Program without notice to the User.
User may also be able to register to use the Services by logging into User’s account with User’s credentials from certain third party social networking sites (e.g., Facebook). User confirm that User is the owner of any such social media account and that User is entitled to disclose User’s social media login information to us. User authorizes us to collect User’s authentication information, and other information that may be available on or through User’s social media account.
In creating an account, User represents to us that all information provided to us in such process is true, accurate and correct, and that User will update User’s information as and when necessary in order to keep it accurate. If User is creating an account to claim management of a Food Spot, then User represents to us that User is the Manager of such business. User may not impersonate someone else, create or use an account for anyone other than User’s self, provide an email address other than User’s own, create multiple accounts or multiple Manager accounts except as otherwise authorized by us, or provide or use false information to claim a business’ listing on the Services that User is not legally entitled to claim. User acknowledge that any false claims as specified in clause above may cause Nouns or third parties to incur substantial economic damages and losses for which User may be held liable and accountable.
By creating an account, User agrees to receive certain communications in connection with Nouns Platform or Services. For example, User might receive comments from other Users or other users may follow the activity to do on User’s account. User can opt-out or manage User’s preferences regarding non-essential communications through account settings wherever available.
In order to connect User to certain Food Spots, we may provide value added services without explicitly mentioning including but not limiting to the telephony or analytics through our phone lines, which are displayed on the specific Food Spot listing page on the Nouns Platform, which may connect directly to Food Spots’ phone lines. User explicitly agree and permit Nouns to record the conversation between You, and the Food Spot when User avails the telephony services through the Nouns provided phone lines on the Nouns Platform. If User does not wish that User’s information be recorded in such a manner, please do not use the telephone services provided by Nouns. User agrees to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
User agrees to use the data owned by Nouns only for personal use/purposes and not for any commercial use and (other than that of Manager) unless agreed to by/with Nouns in writing. In case of a manager, the use of such data shall only be limited to non-user data directly in relation to the foodspot(s) being managed.
User agrees not to access (or attempt to access) any of the Services by any means other than the interface that is provided by Nouns, unless has been specifically allowed to do so, by way of a separate agreement with Nouns. User specifically agrees not to access (or attempt to access) any of the Services through any automated means (including use of scripts or Web crawlers) and shall ensure that User complies with the instructions set out in any robots.txt file present on the Services.
User agrees that User will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). User shall not delete or revise any material or information posted by any other User(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.
We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Services and Nouns Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. User acknowledges that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. User further acknowledges that the Services may contain information which is designated as confidential by Nouns and that User shall not disclose such information without Nouns's prior written consent.
User agrees to protect Nouns’s proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Services. User further acknowledges that the Services may contain information which is designated as confidential by Nouns and that User shall not disclose such information without Nouns's prior written consent. Unless User has agreed otherwise in writing with Nouns, nothing in the Terms gives User a right to use any of Nouns's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
User agrees not to use any framing techniques to enclose any trademark or logo or other proprietary information of Nouns; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, color, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against User at appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. User cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the Nouns’s Content in whole or in part except as expressly authorized by Nouns.
To the fullest extent permitted by applicable law, we neither warrant nor represent that User’s use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. User agrees to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights at firstname.lastname@example.org.
We grant User a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. User shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. User may use information made available through the Services solely for User’s personal, non-commercial use. User agrees not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Nouns Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to User in writing, we do not grant User any other express or implied right or license to the Services, Nouns Content or our IP Rights.
Any violation by User of the license provisions contained in this Section may result in the immediate termination of User’s right to use the Services including but not limited to potential liability for copyright and other IP Rights infringement depending on the circumstances.
By submitting User’s Content User hereby irrevocably grants Nouns a perpetual, irrevocable, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use User’s Content (including content shared by Manager) and all IP Rights therein for any purpose and in any media existing now or in future. By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, and in the case of third party services, allow their users and others to do the same. User grants us the right to use the name or username and any other data User submits in connection with User’s Content.
User is responsible for User’s Content. User represents and warrants that User is the sole author of, own, or otherwise control all of the rights of User’s Content or have been granted explicit permission from the rights holder to submit User’s Content; User’s Content was not copied from or based in whole or in part on any other content, work, or website; User’s Content was not submitted via the use of any automated process such as a script bot; use of User’s Content by us, third party services, and our and any third party users will not violate or infringe any rights of User or any third party; User’s Content is truthful and accurate; and User’s Content does not violate the Terms of Services ort any applicable laws.
User’s Content represents and warrants that User is the sole author of that content and it reflects the user’s opinion and that the User assumes all risks associated with User’s Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by User of information in User’s Content that makes User personally identifiable. While we reserve the right to remove Content, we do not control actions or Content posted by our users and do not guarantee the accuracy, integrity or quality of any Content. User acknowledges and agrees that Content posted by users and any and all liability arising from such Content is the sole responsibility of the user who posted the content.
We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that We, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our users in our sole discretion. Subject to the requirements of applicable law, We are not obligated to return any of User’s Content to User under any circumstances. Any content, which is derogatory, defamatory or hateful or in violation of the Terms and applicable laws and without any substantial evidence may be taken down at our sole discretion. To report such case you can write to us at email@example.com and the content team will review the request. Our team will put its best endeavor to remove the objectionable material at the earliest. User agrees that User is solely responsible for the consequences resulting from User’s complaint (including but not limited to removal or blocking of the User Submission) and User acknowledges and agrees that any complaint may be used in court proceedings. Any false, misleading or inaccurate information provided by User may result in civil and criminal liability.
Third party content, including content posted by our users, does not reflect our views or that of our subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of User’s Content or any third party content. User further acknowledge and agree that Nouns is not liable for any loss or damage which may be incurred by User as a result of the availability of those external sites or resources, or as a result of any reliance placed by User on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such Web sites or resources. Without limiting the generality of the foregoing, We expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
User Content with respect to any of the foodspot does not reflect the opinion of Nouns. Nouns host content of the users to facilitate conversation and discovery of the foodspot s reflect the opinions of the Users. It is pertinent to state that each and every content posted on Nouns is the personal opinion of the user only. Nouns is a neutral platform, which solely provides a means of communication between users including users or Food Spot owners/managers/representatives who manage Food Spot(s). We are a neutral platform and We don’t arbitrate disputes, however in case if someone writes anything that the Food Spot does not consider to be true, the best option for the Food Spot manager would be to contact the reviewer or post a public response in order to clear up any misunderstandings.
User acknowledges and agrees that: (i) by using the Services and/or Platform, User may be exposed to content that User may find offensive or indecent and User does so at its own risk; (ii) User is solely responsible for, and Nouns has no responsibility to User or any third party for any User Content that is created, submitted , posted or published on the Nouns Websites or Platform; (iii) Nouns does not guarantee any confidentiality with respect to User Content, whether or not they are published (iv) Nouns is not responsible for any User Contents that User may have access to through User’s use of Platform and Service and all User Contents are the responsibility of the person from whom such User Content has originated. Nouns does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Content.
In connection with your User Content, User represents and warrants that User
(i) own or has the necessary licenses, rights, consents, and permissions to use and authorise Nouns to use all copyrights, trade marks, trade secrets, patents and other intellectual property or proprietary rights in and to any and all User Content in accordance with these Terms; and
(ii) has the written consent, release and /or permission of each and every identifiable individual person in the User content to use the name and/or likeness of each and every such individual in the User Content, to enable inclusion and use thereof in the manner contemplated by these Terms. User shall not copy, post or use text, photos, pictures, music, sounds, images or any other content from any Third Party Content without specific permission from the owner. Such Third Party Content may be protected by intellectual property laws and the owners of the intellectual property rights in such content may object to its use. User must not use any Third Party Content without first obtaining the permission of the owner of the intellectual property rights in such content..
If User believes that any particular User’s content violates any of the Nouns’ policies, the User may write to us at firstname.lastname@example.org and bring such violation to our attention. Nouns may remove the review in its sole discretion if review is in violation of the Terms, or content guidelines and policies or otherwise harmful to the Services
Without limiting the generality of these Terms, in using the Services, User specifically agrees not to post or transmit any content (including review) or engage in any activity that, in our sole discretion:
User acknowledges that Nouns has no obligation to monitor User’s – or anyone else’s – access to or use of the Services for violations of the Terms, or to review or edit any content. However, We have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure User’s compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body
User hereby agrees and assure Nouns that the Nouns Platform/Services shall be used for lawful purposes only and that User will not violate laws, regulations, ordinances or other such requirements of any applicable law(s). User shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of Nouns in any form or manner whatsoever.
If User share or send any ideas, suggestions, changes or documents regarding Nouns’s existing business ("Feedback"), User agrees that (i) User’s Feedback does not contain the confidential, secretive or proprietary information of third parties, (ii) Nouns is under no obligation of confidentiality with respect to such Feedback, and shall be free to use the Feedback on an unrestricted basis (iii) Nouns may have already received similar Feedback from some other user or it may be under consideration or in development, and (iv) By providing the Feedback, User grants us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and User irrevocably waives, against Nouns and its users any claims/assertions, whatsoever of any nature, with regard to such Feedback.
Please provide only specific Feedback on Nouns’s existing products or marketing strategies; do not include any ideas that Nouns’s policy will not permit it to accept or consider.
Notwithstanding the abovementioned clause, Nouns or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to Nouns or any of its employees. The purpose of this policy is to avoid potential misunderstandings or disputes when Nouns’s products or marketing strategies might seem similar to ideas submitted to Nouns. If, despite our request to not send us User’s ideas, User still submits them, then regardless of what User’s letter says, the following terms shall apply to User’s Submissions.
User agrees that: (1) User’s Submissions and its Content will automatically become the property of Nouns, without any compensation to You; (2) Nouns may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Nouns to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by Nouns on the Services are subject to change without specific notice to You. In consideration for Nouns granting User access to and use of the Services, User agrees that Nouns may place such advertising on the Services.
Part of the site may contain advertising information or promotional material or other material submitted to Nouns by third parties or Users. Responsibility for ensuring that material submitted for inclusion on the Nouns Platform or mobile apps complies with applicable law is exclusively on the party providing the information/material. User’s correspondence or business dealings with, or participation in promotions of, advertisers other than Nouns found on or through the Nouns Platform and or mobile apps, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between User and such advertiser. Nouns will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the Nouns Platform and mobile application.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOUNS, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS ("NOUNS PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES INCLUDING MOBILE APPS AND YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE NOUNS PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE NOUNS PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NOUNS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING BY NOUNS, YOU AGREE THAT IN USING THE SERVICES, YOU WILL NOT USE ANY TRADE MARK, SERVICE MARK, TRADE NAME, LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY OR INTENDED TO CAUSE CONFUSION ABOUT THE OWNER OR AUTHORIZED USER OF SUCH MARKS, NAMES OR LOGOS.
In no event shall Nouns, its officers, employees or representatives be liable to any party for damages (whether arising by contract, tort or otherwise), whether in direct or indirect consequence of such event and whether or not foreseeable, which are characterized as:
indirect, special, remote, exemplary, punitive, speculative or consequential loss;
loss of profits, loss of business, administrative loss, loss of data, loss of use, loss of commercial representation; or
errors, mistakes, or inaccuracies of content
Under no circumstances, the total liability of the Nouns to User for any cause of action User takes against the Nouns, will at all times be limited to INR 5,000
User agrees to indemnify, defend, and hold harmless the Nouns Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) User’s Content, (ii) User’s unauthorized use of the Services, or products or services included or advertised in the Services; (iii) User’s access to and use of the Services; (iv) User’s violation of any rights of another party; or (v) User’s breach of these Terms, including, but not limited to, any infringement by User of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without User’s prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at User’s expense, to assume the exclusive defense and control of any matter for which User is required to indemnify us and User agrees to cooperate with our defense of these claims. User agrees not to settle any matter in which We are named as a defendant and/or for which User has indemnity obligations without our prior written consent. We will use reasonable efforts to notify User of any such claim, action or proceeding upon becoming aware of it.
User can delete User’s account at any time by contacting us through email@example.com or Or we may terminate User’s use of the Services and deny User access to the Services in our sole discretion for any reason or no reason, including User’s: (i) violation of these Terms; or (ii) lack of use of the Services. User agree that any termination of User’s access to the Services may be affected without prior notice, and acknowledge and agree that We may immediately deactivate or delete User’s account and all related information and/or bar any further access to User’s account or the Services. We may, in our sole discretion, retain all data collected from User’s use of the Services. Further, User agrees that We shall not be liable to User or any third party for the discontinuation or termination of User’s access to the Services
The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.
If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.
None of the provisions of these Terms shall be deemed to constitute a partnership or agency between User and Nouns and User shall have no authority to bind Nouns in any form or manner, whatsoever.
This Terms shall be governed by the Laws of India, without reference to its conflict of laws principles.
Any dispute arising out of or in connection with these Terms, all such disputes and differences shall be referred and finally resolved by a sole arbitrator to be appointed by Nouns in accordance with the Arbitration and Conciliation Act, 1996 (as amended from time to time) for the time being in force which are deemed to be incorporated by reference of this clause. The venue of arbitration shall be in Mumbai. The arbitration award shall be final and binding upon the parties. The language of the arbitration shall be English. Subject to the provisions above, the courts in Mumbai shall have exclusive jurisdiction in respect of this Agreement.
By accessing the Services through a mobile or other device, User may be subject to charges by User’s Internet or mobile service provider, so check with them first if User is not sure, as User will be solely responsible for any such costs incurred.
User may not frame the Services. User may link to the Services, provided that User acknowledge and agree that User will not link the Services to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of User’s use of and access to the Services effective immediately.
Nouns shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the Nouns Platform, or items advertised on the Nouns Platform, by end users or any other third parties. We respect the intellectual property rights of others and require those that use the Services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. We also may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any users of the Services repeatedly infringe on others’ copyrights, We may in our sole discretion terminate those individuals’ rights to use the Services If User believes that User’s copyright has been or is being infringed upon by material found in the Services, User is required to follow the below procedure to file a notification:
Identify in writing the copyrighted material that User claims has been infringed upon;
Identify in writing the material on the Services that User alleges is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material;
Include the following statement: "I have a good faith belief that the use of the content on the Services as described above is not authorized by the copyright owner, its agent, or law";
Include the following statement: "I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner's behalf";
Provide User’s contact information including User’s address, telephone number, and e-mail address (if available);
Provide User’s physical or electronic signature;
Send the written communication to: firstname.lastname@example.org
User may be subject to liability if User knowingly make any misrepresentations on a take-down notice.
Keep Food Spot’s listing updated: While our team makes every effort to keep information on Nouns up-to-date, we appreciate Manager letting us know when an update is required.
Don't solicit reviews: The best way to get reviews is to delight customers with Food Spot’s food and service. Selective solicitation is a strict NO, and offering any type of compensation or kick-back for reviews is unfair, so Manager should not be perusing the same.
Respond to criticism positively: Manager should respond to criticism positively In a concerted effort to maintain the neutrality of content on Nouns, Food Spot owners, Managers, employees, and any affiliates with business interests are no longer permitted to write reviews on Nouns. This is a step towards maintaining neutrality - and quality - of the content on Nouns. Hence, request your compliance with the same