1. User Agreement

The user ("You") can access www.brandpotion.com , www.brandpotion.co.in , www.brandpotion.in ("the Site"), subject to the terms and conditions of use, as changed / updated from time to time entirely at the discretion of BrandPotion ("We") as set out below. This Agreement is for an indefinite term and you understand and agree that you are bound by such terms till the time you access this site.

2. Changes

We reserve the right to add to or change/modify the terms of this Agreement including but not limited to suspend / cancel, discontinue a service at any time without notice; make modifications and alterations in any or all of the content, products and services contained on the site without prior notice. You will be deemed to have accepted such change/s if you continue to access the Site subsequent to such changes.

3. Charges

This Site reserves the right to charge subscription and / or membership fees in respect of any part, aspect of this Site upon reasonable prior notice. You are responsible for obtaining access to the service, and that access may involve thirty party fees (such as internet service provider or airtime charges). You are responsible for those fees associated with the display or delivery of advertisements. In addition, you are responsible for all equipment necessary to access the service.

4. Copyright and Trademarks

Unless otherwise stated, copyright and all intellectual property rights in all material presented on the Site including but not limited to text, audio, video or graphical images, trademarks and logos appearing on this Site are the property of Site, its affiliates and associates and are protected under applicable laws. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.

5. Limited Permission to copy

You are permitted to print or download extracts from these pages for your personal non-commercial use only. Any copies of these pages saved to disk or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for personal use. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this Site. No part of the Site may be reproduced or transmitted to or stored in any other web site, nor may any of its pages, or content, or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission.

6. Individual Registration, Access and Exchange of Information

For certain services such as Email, personal web pages, contests and shopping, registration by the visitor is required. You will receive a password and account designation upon completing the registration on the site. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. By registering, you agree to the following terms in addition to any other specific terms which shall be posted at an appropriate location of the Site. Each registration is for a single individual user only. To access these services, you will be asked to enter your individual User Name and Password. Therefore, we do not permit any of the following:-

• a) Any other person sharing your User Name and Password.
• b) Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with Site as users.
• c) Access through a single User Name and Password being made available to multiple users on a network.

If we reasonably believe that a User Name and Password are being used / misused in any manner as clarified above, we reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address.

You specifically agree that we shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received through the Site.

7. Exchange of Information qua chat & other Community Services

All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly or privately transmitted / posted, is the sole responsibility of the person from where such content originated (the Originator).

You as a responsible adult (above 18 years or above) shall be solely responsible for all content that you upload post or otherwise transmit. On the Site, we endeavour to provide a web platform for various community interactions for persons to interact and exchange views with each other. The content posted on such services is by general public therefore the accuracy; integrity or quality of such content cannot be guaranteed. You understand that by using such services, you may be exposed to objectionable matter. Under no circumstances we will be liable in any way for any content, including, but not limited to, threatening, defamatory, obscene, offensive, illegal content, infringement of other's rights including intellectual property rights, for 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 or uploaded. By using the facility of chat and other community services you agree not to upload, post, or otherwise transmit any matter or views, which are, threatening, defamatory, abusive, obscene, offensive, illegal, infringement of other's rights including intellectual property rights, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or contrary to public order or national harmony in all relevant jurisdictions. You may also not indulge in cyber stalking, become or create a nuisance for any person / user or download any file posted by another user, that you know, or reasonably should know, cannot be legally distributed in such manner..

You may not send, submit, post, or otherwise transmit, material or messages that contain unsolicited or unauthorized advertising, promotional material junk mail, chain letters, pyramid schemes, software virus, any other computer code, files or programs designed to interrupt, destroy, the normal flow of dialogue, cause a screen to "scroll" faster than other users of the services are able to type or otherwise act in any manner that negatively affect in any manner whatsoever, any electronic equipment including computer software and telecommunications in connection with the use of this site, or other user's ability to engage in real time exchanges. User shall not interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.

Any transactions relating to sale/purchase of goods or services not directly offered by us are to be settled inter-se between the parties and all warranties express or implied of any kind, regarding any matter pertaining thereto, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed by this Site. This Site does not have any involvement in the actual transactions between the buyers and sellers in any way.

8. Our rights

We reserve the right to terminate your account without any prior notice for any violation of the Terms of Use.

All content posted by you becomes our property and you agree to grant/assign the royalty free, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. However, in respect of the contents posted by you which are objectionable in any manner, infringing any rights of third party, malicious, suffering from any defect entailing civil/criminal actions, you shall be solely responsible for such contents and consequently such actions, though such contents are so used, reproduced, modified, adapted, published, translated, created derivates of, distributed, performed or displayed by us on any media at any time or place. You shall defend, protect and indemnify us in the event of such defects exist or arise or such actions are initiated.

9. Disclaimer of Warranties and Liability

All the contents of this Site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision and you should consult an appropriate professional for specific advice tailored to your situation. Any specific advice or replies to queries in any part of the Site is/are the personal opinion of such experts/consultants/persons and are not subscribed to by this Site or us. The information from or through this site is provided on "AS IS" basis, and all warranties, expressed or implied of any kind, regarding any matter pertaining to any goods, service or channel, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed and excluded.

We and our affiliates and associates shall not be liable, at any time for any direct, indirect, punitive, incidental, specific, consequential damages (including, without limitation, damages for loss of business projects, or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the Site, or any of its contents, or from any act or omissions a result of using the Site or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the site whether based on contract, tort, negligence, strict liability or otherwise, even if we have been advised of the possibility of damages. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation.

You agree to indemnify and hold us, our subsidiaries, affiliates, officers and employees, harmless from any claim, demand or damage, including reasonable attorney's fees, asserted by any third party due to or arising out of your use of or conduct on the Site. We reserve the right to disclosure of any personal information about you and your use of the Site including its contents, without your prior permission if we have a good faith belief that such action is necessary to:

• a. conform to legal requirements or comply with legal process;
• b. protect and defend our rights or property or our affiliated companies;
• c. enforce the terms of use; or
• d. act to protect the interest of its members or others.

Our performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of our rights to comply with governmental, court and law enforcement requests or requirement relating to your use of the Site or services or information provided to or gathered by us with respect to such use.

Certain links on the Site lead to resources located on servers maintained by third parties over whom we have no control or connection, business or otherwise as these sites are external to us, you agree and understand that by visiting such sites you are beyond the Site. You also acknowledge that we are providing these links only as a matter of convenience. Please therefore verify the veracity of all information on your own before undertaking reliance and acting thereupon. We therefore neither endorse nor offer any judgment or warranty and accept no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these sites.

10. Material Submitted by Users

Certain elements of the Site will contain material submitted by users. We accept no responsibility for the content, accuracy, conformity to applicable laws of such material. The user shall not impersonate, or falsely state or otherwise misrepresent your affiliation with, any person or entity, including, but not limited to, a BrandPotion's official, forum leader, guide or host; forge headers or otherwise manipulate identifying information in order to disguise and/or with the effect of disguising the origin of any Content transmitted through the Service; upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

11. Advertising Material

Part of the Site contains advertising/other material submitted to us by third parties. Responsibility for ensuring that material submitted for inclusion on the Site complies with applicable International and National law is exclusively on the advertisers and we will not be responsible for any claim, error, omission or inaccuracy in advertising material. We reserve the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Site will be subject to our terms and conditions which are available on request.

12. Data Protection

We will use your information to provide and personalise our service. We will also use your contact details to communicate with you. We may use your information to send you offers and news about our products and services or those of other carefully selected companies which we think may be of interest to you. We may contact you by post, email, telephone (including SMS) or fax for these purposes. Your confirmation e-mails may include marketing material which we may feel will be of interest to you from other third parties. You can opt-out of receiving updates at any time by following the instructions provided on the Site. If you do not want to receive commercial communications from us, please select your choices by using the opt-out functionality provided by the Site. All information gathered on Site is securely stored within the Site controlled database. The database is stored on servers secured behind a firewall; access to the servers is password-protected and is strictly limited. However, as effective as our security measures are, no security system is impenetrable. The Site cannot guarantee the security or our database, not can we guarantee that the information you supply will not be intercepted while being transmitted to the Site over the internet.

13. Non transferability

You agree that your account on the Site is non transferable and any rights to your ID or contents with your said account automatically terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

14. Force Majeure

We shall have no liability to you for any interruption or delay in access to the Site irrespective of the cause.

15. Waiver and Severability

Our failure to exercise or enforce any right or provision of the terms of use, shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the terms of use remain in full force and effect.

16. Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim of cause of action arising out of or related to use of the services or the terms of use must be filed with in one (1) year after such cause of action arose or be forever barred.

17. Indian Law

These presents shall be governed by the Laws of India. The Courts of law at Mumbai shall have exclusive jurisdiction over any disputes arising under these terms. The use of Site/services thereon is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

18. Entire Agreement

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.