PLEASE READ THE FOLLOWING TERMS AND CONDITIONS VERY
CAREFULLY AS YOUR USE OF THE WEBSITE IS SUBJECT TO YOUR
ACCEPTANCE OF AND COMPLIANCE WITH THE FOLLOWING
TERMS AND CONDITIONS (“TERMS” / “AGREEMENT”).
BY ACCESSING OR OTHERWISE USING THE WEBSITE, YOU ACCEPT AND AGREE TO
ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. THESE TERMS OF USE
CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BLACK
BUCK DESIGN STUDIOS. WHILE USING THE WEBSITE, YOU MAY BE SUBJECT TO
ANY POSTED GUIDELINES OR RULES APPLICABLE TO THE WEBSITE. ALL SUCH
GUIDELINES OR RULES ARE HEREBY INCORPORATED BY REFERENCE INTO THESE
TERMS. BY USING OR ACCESSING THE WEBSITE, YOU DE FACTO AGREE TO THE
FOLLOWING TERMS. IF YOU DO NOT AGREE TO ALL OR ANY OF THESE TERMS, DO
NOT USE THE WEBSITE. IF YOU CONTINUE TO USE THIS WEBSITE, YOU ARE
AGREEING TO BE BOUND BY THESE TERMS, WHICH ALONG WITH THE PRIVACY
POLICY (the “PRIVACY POLICY”) GOVERN YOUR RELATIONSHIP WITH US.
YOU ALSO REPRESENT THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE
PROVISIONS OF THIS AGREEMENT.
We, Black Buck Design Studios (“Company”, “we”, “us”, “our”) are the owners of the website,
www.blackbuckstudios.com (“Website”).
1. SCOPE OF THE WEBSITE:
The Website showcases our services offerings (“Offerings”).
2. ACCESS TO THE WEBSITE:
2.1. By accessing or using the Website you represent and warrant that you are of the age of
majority in the jurisdiction in which you reside. As a minor, if you wish to access the Website,
such use or access shall be made available to you by your legal guardian or parents, who have
agreed to these Terms. In the event, a minor access or uses the Website at any time, it is assumed
that such a minor has obtained the consent of the legal guardian or parents. The Company
reserves the right to terminate your access to the Website and/or refuse to provide you with
access to the Website if it discovers that you are a minor and you do not have the consent from
your parent/legal guardian to access or use the Website or any information provided by you is
inaccurate or for any other reason at the Company’s discretion. You acknowledge that the
Company does not have the responsibility to ensure that you conform to the aforesaid eligibility
criteria. It shall be your sole responsibility to ensure that you meet the required criteria to use or
access the Website. You agree to provide accurate, authentic and true information about yourself
as sought when you wish to contact us to know more about our Offerings.
2.2. Accessing, browsing, subscribing or any other action you undertake with respect to the
Website does not deem to make you a member, shareholder or affiliate of the Company for any
purposes whatsoever, nor shall you have any of the rights of statutory members of the Company.
3. CONTENT AVAILABLE:
3.1. The content on our Website is provided for general information only. It is not intended to
amount to advice on which you should rely. You must obtain professional or specialist advice
before taking, or refraining from, any action on the basis of the content on our Website.
3.2. Although we make reasonable efforts to update the information on our Website, we make no
representations, warranties or guarantees, whether express or implied, that the content on our
website is accurate, complete or up to date.
3.3. The Company shall not be held liable under any circumstances including, but not limited to:
any infringement, errors, damages, fraud, misrepresentations, direct or indirect losses, future
business loss, liability, claims or omission of information or details posted, or any link accessible
or made available through this Website. You understand that by using this Website, you may be
exposed to content that may be incomplete, old, offensive and/or objectionable due to any reason
whatsoever. The Company assumes no responsibility for such content. We reserve the right to
modify the contents of the Website at any time. You agree that such modified content shall be
binding upon you and you agree to abide by the same. You agree that you are solely responsible
for your use of the Services made available through the Website, and the Company shall not be
responsible and/or liable for any consequences arising from such use.
4. THIRD PARTY CONTENT AND ADVERTISEMENT:
You acknowledge that when You access a link that leaves the Website, the website that you will
enter into is not controlled by the Company and different terms of use and privacy policies may
apply. By accessing such third-party links to other website, you acknowledge that the Company
is not responsible for those websites. The Company has no liability to remove or in any manner
block such third-party links or pop-ups. The Website may contain third party advertisements. The
display of such advertisements does not in any way imply an endorsement or recommendation by
the Company of the relevant advertiser or the merchant, its products or services. You are referred
to the relevant advertiser or merchant for all information regarding the advertisement and its
products and/or services. The Company accepts no responsibility for any interaction between you
and the relevant third party and is released from any liability arising out of or in any way
connected with such interaction.
5. OWNERSHIP OF INTELLECTUAL PROPERTY:
5.1. All the rights including but not limited to intellectual property rights subsisting under or in
relation to the Website (including any content uploaded by the Company) are owned by
Company and its affiliates, subsidiaries, licensors as the case may be. The Company respects
copyright, and we prohibit You from submitting, uploading, posting, or otherwise transmitting
any content or details on the Website that violates another person’s proprietary rights.
5.2. If You believe that the Website contains elements that infringe any intellectual property
rights, please notify us immediately. If we receive intellectual property right infringement claim
notification, and it is felt appropriate, we may remove all such content which is indicated as
infringing and/or take any other appropriate action at our discretion.
5.3. All materials on this Website, including but not limited to the content of the Company, are
protected by copyright under the copyright laws. You cannot use the Website or the content of
the Company, except as specified herein. There may be number of proprietary logos, service
marks and trademarks found on the Website whether owned/used by us or otherwise. By
displaying them on the Website, we are not granting You any license to utilize those proprietary
logos, service marks, or trademarks. Any unauthorized use of such proprietary logos, service
marks, or trademarks may violate copyright laws, trademark laws, the laws of privacy and
publicity, and civil and criminal statutes.
6. CONFIDENTIALITY:
6.1. Confidential information, for the purpose of these Terms, shall mean the information
including but not limited to the features, functionalities, processes, data and information
regarding the Website, or other information of a confidential nature disclosed by one party to the
other party under these Terms, in any form (“Confidential Information”). Confidential
Information shall however, exclude any information which (i) is/ was publicly known or comes
into public domain; (ii) is received by the receiving party from a third party, without breach of
these Terms; (iii) was already in the possession of receiving party, without confidentiality
restrictions, at the time of disclosure by the disclosing party; (iv) is permitted for disclosure by
the disclosing party in writing; (v) independently developed by the receiving party without use of
Confidential Information; (vi) is required to be disclosed by the receiving party pursuant to any
order or requirement from a court, administrative or governmental agency.
6.2. We will keep any personal information shared by you, confidential and only use it as per the
terms of our Privacy Policy.
7. PROHIBITED CONDUCT:
You agree not to engage in any of the following activities: 7.1. Violating laws and rights:
You may not (a) use the Website for any illegal purpose or in violation of any local, state,
national, or international laws, (b) violate or encourage others to violate any right of or
obligation to a third party, including but not limited to, by infringing, misappropriating, or
violating intellectual property, confidentiality, or privacy rights, (c) circumvent or disable any
content protection system or digital rights management technology used in connection with the
Website Content, (d) rebroadcast or transmit the content available on the Website, (e) modify the
Website in any manner, including but not limited to, by removing identification, copyright or
other proprietary notices from any content, or by framing, mirroring, or utilizing similar
techniques.
7.2. Solicitation:
You may not use the Website, or any information provided through the Website for the
transmission of advertising or promotional materials, including junk mail, spam, chain letters,
pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
7.3. Disruption:
You may not use the Website in any manner that could disable, overburden, damage, or impair
the Website, or interfere with any other user’s use and enjoyment of the Website; including but
not limited by:
a. uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious
code, or
b. interfering with or disrupting any network, equipment, or server connected to or used to
provide the Website, or violating any regulation, policy, or procedure of any network, equipment,
or server, or
c. modifying, merging, revising or enhancing the Website in any way, or
d. decompiling, disassembling, reverse engineering the Website in any manner whatsoever.
7.4. Impersonation or unauthorized access:
You will not impersonate another person or entity, or misrepresent your affiliation with a person
or entity when using the Website. You will not use or attempt to use another’s account or
personal information without authorization from that individual or entity.
7.5. Other prohibited activities:
You may not access or use the Website for any purpose other than that for which we make the
Website available. The Website may not be used in connection with any commercial endeavours
except those that are specifically endorsed or approved by us.
8. TERMINATION:
These Terms will remain in full force and effect so long as you continue to access or use the
Website, or until terminated in accordance with the provisions of these Terms.
9. INDEMNIFICATION:
You agree to indemnify and hold harmless the Company and its officers, directors, employees,
agents, affiliates, successors, assigns, third-party suppliers of information and documents, and
attorneys from any and all claims, losses, liability, damages, or costs (including but not limited to
attorney’s fees) arising from your use of the Website, your violation of these Terms, or your
infringement, or infringement by any other user of your account, of any intellectual property or
other right of any person or entity.
10. DISCLAIMER:
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED
ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO
REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE OR ANY
CONTENT THEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL BE ERROR FREE,
UNINTERRUPTED, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL
COMPONENTS.
11. LIMITATION OF LIABILITY:
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS, BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR
USE OF THE WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY
CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT
ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY
FOR THE WEBSITE DURING THE TERM OF YOUR USE OF THE WEBSITE.
12. GOVERNING LAW AND DISPUTE RESOLUTION:
These Terms shall be governed by and construed in accordance with the laws of India, without
regard to its conflict of law principles. Any disputes arising under or in connection with these
Terms shall be subject to the exclusive jurisdiction of the courts at Pune, Maharashtra, India.
13. SEVERABILITY:
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be
struck and the remaining provisions shall be enforced to the fullest extent under law.
14. WAIVER:
No failure or delay by the Company to enforce any right or provision in these Terms shall
constitute a waiver of such right or provision unless acknowledged and agreed to by the
Company in writing.
15. ENTIRE AGREEMENT:
These Terms constitute the entire agreement between you and the Company with respect to the
subject matter hereof and supersedes all prior agreements, understandings, negotiations and
discussions, whether oral or written, between the parties