Terms of Service.

These Terms of Service (the “Terms”) constitute a legally binding agreement between you (“you” or the “User”) and the operator of Brag (“Brag”, “we”, “us” or “our”), being Kali Nigam, an individual proprietor operating the platform available at brag.build (the “Service”).

By accessing or using the Service, by creating an account, or by clicking any control indicating acceptance, you acknowledge that you have read, understood and agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. If you do not agree, you must not access or use the Service.

The Service is intended for individuals who are at least eighteen (18) years of age and competent to enter into a binding contract under the laws of the Republic of India. By using the Service you represent and warrant that you satisfy these eligibility requirements.

To access certain features of the Service you must register for an account by providing a valid email address and selecting a unique username and password. You are solely responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

We reserve the right, in our sole discretion, to refuse, suspend or reclaim any username that we determine to be misleading, infringing, impersonating, offensive, reserved, or otherwise inconsistent with these Terms.

The Service permits you to submit text, links, images, video and other materials in connection with the projects you publish (collectively, “User Content”). As between you and Brag, you retain all right, title and interest in and to your User Content.

You hereby grant to Brag a non-exclusive, worldwide, royalty-free, sub-licensable and transferable licence to host, store, reproduce, modify (solely for purposes of formatting and display), publicly display, publicly perform, communicate to the public and distribute your User Content, in any media now known or hereafter developed, solely for the purpose of operating, providing, promoting and improving the Service. This licence survives termination of your account to the extent reasonably necessary for Brag to operate, comply with legal obligations, resolve disputes and enforce these Terms.

You represent and warrant that (a) you own or have obtained all necessary rights, consents and permissions to grant the foregoing licence, and (b) your User Content, and our exercise of the rights granted herein, does not and will not infringe, misappropriate or violate the intellectual property, privacy, publicity, contractual or other rights of any third party, or any applicable law.

You agree that you will not, and will not permit any third party to:

• use the Service for any unlawful, fraudulent or harmful purpose;
• upload, post, transmit or otherwise make available any User Content that is unlawful, defamatory, obscene, pornographic, hateful, harassing, threatening, infringing or otherwise objectionable;
• impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• interfere with, disrupt, or impose an unreasonable burden on the Service or any servers or networks connected to the Service;
• attempt to gain unauthorized access to any portion of the Service, any other user accounts, or any related systems or networks;
• use any robot, spider, scraper or other automated means to access the Service for any purpose without our express written permission;
• reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the Service, except to the extent such restriction is expressly prohibited by applicable law;
• upload or transmit any virus, worm, Trojan horse or other malicious code.

We reserve the right, but undertake no obligation, to review, monitor, remove or disable access to any User Content at our sole discretion and without notice.

Excluding User Content, all content, software, design elements, trade marks, service marks, logos and trade dress associated with the Service are and shall remain the exclusive property of Brag and its licensors, and are protected by applicable intellectual property and other laws. Except as expressly permitted by these Terms, no portion of the Service may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our prior written permission.

We may, in our sole discretion and without liability to you, suspend or terminate your access to the Service, with or without notice and with or without cause, including in the event of any breach (actual or suspected) of these Terms. You may terminate your account at any time via the account deletion control in your settings.

Upon termination, your right to access and use the Service shall cease immediately. Sections that by their nature should survive termination shall so survive, including Sections 4 (in respect of the licence to retained content), 6, 8, 9, 10, 11 and 12.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BRAG DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRAG OR ITS OPERATOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, GOODWILL, DATA, USE OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF BRAG ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED ONE THOUSAND INDIAN RUPEES (INR 1,000).

You agree to defend, indemnify and hold harmless Brag and its operator from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your use of the Service; (b) your User Content; or (c) your violation of these Terms or of any applicable law or the rights of any third party.

These Terms shall be governed by, and construed in accordance with, the laws of the Republic of India, without regard to conflict-of-laws principles. Subject to the foregoing, the courts at New Delhi, India shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service.

We may revise these Terms from time to time. The most current version will always be posted on this page, with the “Last updated” date at the top reflecting the most recent revision. Material changes will, where reasonable, be notified to you by email or by an in-Service notice. Your continued use of the Service after any revision becomes effective constitutes your acceptance of the revised Terms.

Questions regarding these Terms may be addressed to: onerollforkali@gmail.com.