Terms of Use and Publishing Agreement

Welcome to MadhuRebba.com! It is important to read the following information if you continue to browse and use this website, especially if you intend to access or buy or sell or rent or hire any service or product.

If you agree to abide by the Terms and Conditions mentioned along with our General Guidelines and Terms and Conditions then it will help in building a strong relation between the team of MadhuRebba.com and its users.

If you do not agree to the terms of this agreement or are not satisfied with the service, you can give us your valuable suggestions in the mail id mentioned in the contact details.

Please Read Carefully Before Using This Website:

Madhu Rebba Design Pvt. Ltd. maintains this site for information, communication and commercial purposes. This webpage contains the Terms of Use governing your access to and use of the www.MadhuRebba.com (the “Website” or “Site”). If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Website.

A. TERMS APPLICABLE TO ALL USERS

1. Overview

YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.

For users who are not registered with this Website, your use of the Website will be deemed to be acceptance of the Terms of Use, Section A.

For users who are registered with the Website, your use of the Website shall be subject to (i) certain designated terms (see Section B below) in addition to those terms applicable to all users and (ii) shall be further conditioned on your [clicking the "I AGREE TO THE TERMS OF USE" button at the end of these Terms of Use].

IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.

2. Changes to Terms

Madhu Rebba Design Pvt. Ltd. may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.

3. Jurisdiction

The Website is directed to those individuals and entities located in India. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorised to access or use any of the information on this Website. Madhu Rebba Design Pvt. Ltd. makes no representation that the information, opinions, advice or other content on the Website (collectively, "Content") is appropriate or that its products and services are available outside India. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.

4. Scope of Use and User E-Mail

You are only authorised to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.

You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited.

E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy. You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party's permission or (iv) otherwise violate any applicable laws. Madhu Rebba Design Pvt. Ltd. shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of Madhu Rebba Design Pvt. Ltd. is strictly prohibited.

5. Copyrights and Trademarks

The materials at this Site, as well as the organisation and layout of this site, are copyrighted and are protected by Indian and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include Madhu Rebba Design Pvt. Ltd.’s copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of Madhu Rebba Design Pvt. Ltd.

Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of Madhu Rebba Design Pvt. Ltd.. You may not use a part of this Website on any other Website, without Madhu Rebba Design Pvt. Ltd.’s prior written consent.

Madhu Rebba Design Pvt. Ltd. respects the intellectual property rights of others and expects our Users/ users to do the same. The policy of Madhu Rebba Design Pvt. Ltd. is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at email: info(a)MadhuRebba.com

6.  Links

For your convenience, we may provide links to various other Websites that may be of interest to you and for your convenience only.  However, Madhu Rebba Design Pvt. Ltd. does not control or endorse such Websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. These Terms of Use policy applies to Madhu Rebba Design Pvt. Ltd.’s website and the products and services Madhu Rebba Design Pvt. Ltd. offers.  If you decide to access any of the third party sites linked to this Website, you do so at your own risk. Madhu Rebba Design Pvt. Ltd. reserves the right to terminate any link or linking program at any time. Madhu Rebba Design Pvt. Ltd. disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.

You may not link to this Website without Madhu Rebba Design Pvt. Ltd.’s written permission. If you are interested in linking to this Website, please contact us at email: info(a)MadhuRebba.com

7.  No Unlawful or Prohibited Use

As a condition of your use of the Website, you warrant to Madhu Rebba Design Pvt. Ltd. that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

8.  Spamming

Gathering email addresses from Madhu Rebba Design Pvt. Ltd. through harvesting or automated means is prohibited.  Posting or transmitting unauthorised or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited.  Inquiries regarding a commercial relationship with Madhu Rebba Design Pvt. Ltd. should be directed to email: info(a)MadhuRebba.com

9.  No Warranties

THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH MADHU REBBA DESIGN PVT. LTD. EXPRESSLY DISCLAIMS. MADHU REBBA DESIGN PVT. LTD. DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND MADHU REBBA DESIGN PVT. LTD. WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. MADHU REBBA DESIGN PVT. LTD. MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY MADHU REBBA DESIGN PVT. LTD.

10.  Governing Law, Location and Miscellaneous

These Terms of Use shall be governed in all respects by the laws of India, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.

11. Separate Agreements

You may have other agreements with Madhu Rebba Design Pvt. Ltd. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with Madhu Rebba Design Pvt. Ltd.

12. Resident

You represent that you are a resident of the country which you mentioned in the user registration form while registering with the website: www.MadhuRebba.com

13. No Professional Advice

The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. This Website is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.

14. Users Disputes

You are solely responsible for your interactions with other Users. Madhu Rebba Design Pvt. Ltd. reserves the right, but has no obligation, to monitor disputes between you and other Users.

15. User Submissions and Communications; Public Areas:

You acknowledge that you own, solely responsible or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify Madhu Rebba Design Pvt. Ltd. or its affiliates for all claims resulting from content you supply.

If you make any submission to an area of the Website accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to Madhu Rebba Design Pvt. Ltd. by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted Madhu Rebba Design Pvt. Ltd. a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Madhu Rebba Design Pvt. Ltd. may sublicense its rights through multiple tiers of sublicenses.  If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to Madhu Rebba Design Pvt. Ltd. by email. We try to answer every email in a timely manner, but are not always able to do so.

Some of the forums (individual bulletin boards and posts on the social network, for instance) on the Website are not moderated or reviewed.  Accordingly, Users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. Madhu Rebba Design Pvt. Ltd. has full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum.

Madhu Rebba Design Pvt. Ltd. reserves the right (but is not obligated) to do any or all of the following:

(a)    Record the dialogue in public chat rooms.

(b)   Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).

(c)    Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms of Use.

(d)   Terminate a Member's access to any or all Public Areas and/or the Madhu Rebba Design Pvt. Ltd. Site upon any breach of these Terms of Use.

(e)    Monitor, edit, or disclose any communication in the Public Areas.

(f)    Edit or delete any communication(s) posted on the Madhu Rebba Design Pvt. Ltd. Site, regardless of whether such communication(s) violate these standards.

Madhu Rebba Design Pvt. Ltd. reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. Madhu Rebba Design Pvt. Ltd. has no liability or responsibility to users of the Madhu Rebba Design Pvt. Ltd. Website or any other person or entity for performance or non-performance of the aforementioned activities.

16. Arbitration

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Madhu Rebba Design Pvt. Ltd. confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the provisions, in effect at the time the proceedings begin, of the Arbitration & Conciliation Act 1996. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Secunderabad Court, Telangana, India.

All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorisation of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorisation of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.

17.  Limitation of Liability

YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. MADHU REBBA DESIGN PVT. LTD. SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF MADHU REBBA DESIGN PVT. LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY MADHU REBBA DESIGN PVT. LTD. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

18. Indemnity

You agree to defend, indemnify, and hold Madhu Rebba Design Pvt. Ltd., its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS

19. Accounts and Security

Madhu Rebba Design Pvt. Ltd. does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

As part of the registration process, each user will select a password (“Password”) and Login Name (“Login Name”). You shall provide Madhu Rebba Design Pvt. Ltd. with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account.

You may not:

(a)    select or use a Login Name of another person with the intent to impersonate that person;

(b)   use a name subject to the rights of any other person without authorisation;

(c)    use a Login Name that Website, in its sole discretion, deems inappropriate or offensive.

You shall notify Madhu Rebba Design Pvt. Ltd. of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password.  You shall be responsible for maintaining the confidentiality of your password.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Madhu Rebba Design Pvt. Ltd.’s sole discretion, and you may be reported to appropriate law-enforcement agencies.

20. The website content:

This website contains material which is owned by us, unless stated otherwise. This material includes, but is not limited to, the design, data flow, logos, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

21. Copyright notice

This website and its content are copyright of "Madhu Rebba Design Pvt. Ltd." All rights are reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited.

22. Content policy

It is our policy to respond to notices of alleged infringement; we will remove the photos immediately. However, it is not our responsibility to check the copyright status of photos uploaded and hence cannot be held liable against what our members upload.

You must own, or have permission to use, any photos that you upload to MadhuRebba.com.

Note: Images that are under obvious copyright, such as the Windows/Mac sample pictures, will be deleted immediately without notification.

23. Security

We are committed to ensure that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

C.CROWDFUNDING TERMS OF USE

24. Definitions

In these Terms, we refer to those raising funds as "Promoters" and to their fundraising campaigns as "Campaigns." We refer to those contributing funds as "Contributors" and to the funds they contribute as "Contributions." Promoters, Contributors and other visitors to the Services are referred to collectively as "Users."

25. Crowdfunding at MadhuRebba is an online Venue

Crowdfunding at MadhuRebba is an online venue for people and entities seeking to raise funds for their own Campaigns and to contribute to the Campaigns of others. Promoters can offer gifts or rewards in the form of tangible items or intangible services (collectively, "Givebacks") to Contributors. Givebacks are not offered for sale. Crowdfunding at MadhuRebba makes no representations about the quality, safety, morality or legality of any Campaign, Giveback or Contribution or the truth or accuracy of User Content (as defined below) posted on the Services. Crowdfunding at MadhuRebba does not represent that Promoters will deliver Givebacks or that Contributions will be used as described in the Campaign. Users use the Services at their own risk.

26. Eligibility to Use the Services

Users under 18 years of age are not eligible to use the Services without consent. Users between the ages of 13 and 17, can use the Services with the consent and supervision of a parent or legal guardian who is at least 18 years old, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for such use of the Services. Users suspended from using the Services are not eligible to use the Services. Crowdfunding at MadhuRebba reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Campaign, Contribution, or the Services at any time for any reason without liability.

27. Prohibited Campaigns

Promoters are not permitted to create a Campaign to raise funds for illegal activities, to cause harm to people or property, or to scam others. If the Campaign is claiming to do the impossible or it's just plain phony, don't post it. Users must comply with all applicable laws and regulations in connection with their Campaigns, including offering Givebacks and using Contributions. Promoters shall not make any false or misleading statements in connection with their Campaigns.

28. Prohibited Givebacks

Promoters are not permitted to offer or provide any of the following as a Giveback:

• any form of "security" (as such term is defined in the Securities Act of 1933, USA);

• any form of financial incentive or participation in any profit sharing;

• any alcoholic consumer products (vouchers or memberships offering physical delivery of alcoholic consumer products are permitted);

• any controlled substance or drug paraphernalia;

• any weapons, ammunition and related accessories;

• any form of lottery or gambling;

• any form of air transportation; or

• any items promoting hate, discrimination, personal injury, death, damage, or destruction to property; or any items (a) prohibited by applicable law to possess or distribute, (b) that would violate applicable law if distributed, or (c) that would result in infringement or violation of another person's rights if distributed.

29. Community Guidelines

Crowdfunding at MadhuRebba is not a place for hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, or spam. Do not:

• use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;

• post images or videos that are sexually explicit or post links to sites that contain sexually explicit material or show people or animals being hurt or degraded;

• spam the comments sections or other Users with offers of goods and services or inappropriate messages;

• engage in any activity that interferes with or disrupts the proper working of the Services or any activities conducted on the Services; or

• take any action that imposes, in Crowdfunding at MadhuRebba’s sole discretion, an unreasonable load on Crowdfunding at MadhuRebba's infrastructure.

• represent products created by others as your own creation, or act as a reseller of other’s products.

Crowdfunding at MadhuRebba reserves the right to remove Campaigns and terminate User Accounts for such activities.

Prohibited Visual Elements in Campaign Images

Promoters are not permitted to do any of the following with Campaign images:

• incorporate MadhuRebba colors and branding elements, including but not limited to logos, colored frames, borders or badges;

• include any visual element that could be interpreted to have been produced by MadhuRebba, including but not limited to banners, progress bars or funding stats;

• include any visual element that communicates endorsement by MadhuRebba.

30. Disputes between Promoters and Contributors

Promoters are legally bound to perform on any promise and/or commitment to Contributors (including delivering any Givebacks). Crowdfunding at MadhuRebba does not recognize any third party and/or agency affiliated with the Campaign as a Promoter. If a Promoter is unable to perform on any promise and/or commitment to Contributors, the Promoter will work with the Contributors to reach a mutually satisfactory resolution, which may include the issuance of a refund of Contributions by the Promoter. Crowdfunding at MadhuRebba is under no obligation to become involved in disputes between Promoters and Contributors, or Users and any third party. In addition, Crowdfunding at MadhuRebba is under no obligation to become involved in disputes regarding the determination of the rightful Promoter, and will not be obligated to make any changes to Promoter accounts or transfer of ownership. In the event of any dispute, such as a Promoter's alleged failure to comply with the Terms or alleged failure in fulfillment of a Giveback, we may provide the Promoter's contact information to the Contributor so that the two parties may resolve their dispute.

31. User Accounts

All information submitted in connection with a User account on the Services (each, a “User Account”) must be accurate and truthful. Users agree to notify MadhuRebba immediately if their User Account has been used without authorization or there has been any other breach of security of the User Account. Each User also agrees to provide additional information MadhuRebba may reasonably request and to answer truthfully and completely any questions MadhuRebba might ask you in order to verify such User's identity.

32. License to Users

MadhuRebba grants each User a limited, non-exclusive, non-transferable, revocable license to use the Services subject to such User's eligibility and continued compliance with the Terms.

33. Promoters

Promoters are permitted to offer Givebacks to Contributors. Promoters are legally bound to perform on any promise and/or commitment to Contributors (including delivering any Givebacks). This commitment includes shipping Givebacks to Crowdfunding at MadhuRebba Contributors before fulfilling any orders received after the Campaign has ended. Promoters will respond promptly and truthfully to all questions posed to them by MadhuRebba or any Contributor. If any Promoter is unable to fulfill any of its commitments to Contributors (including delivering any Givebacks), the Promoter will work with the Contributors to reach a mutually satisfactory resolution, which may include refunding their Contributions. Promoters will comply with all applicable laws and regulations in the use of Contributions and delivery of Givebacks. Promoters are responsible for collecting and remitting any taxes on Contributions, and any taxes due in connection with Givebacks. MadhuRebba may attempt to verify the identity and other information provided to us by Promoters, and we may delay, withhold, reverse or refund any Contributions or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction. Promoter eligibility is subject to MadhuRebba’s review of the fulfillment status of prior crowdfunding obligations. MadhuRebba reserves the right to prohibit or remove a Campaign if the Promoter is delayed by three months or more in fulfilling a prior crowdfunding project on Crowdfunding at MadhuRebba or another platform.

34. Contributors

Contributors are solely responsible for asking questions and investigating Promoters and Campaigns to the extent they feel is necessary before making a Contribution. All Contributions are made voluntarily and at the sole discretion and risk of the Contributor. Crowdfunding at MadhuRebba does not guarantee that Contributions will be used as promised, that Promoters will deliver Givebacks, or that the Campaign will achieve its goals. MadhuRebba does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, Giveback or Contribution, or the truth or accuracy of User Content posted on the Services. Contributors are solely responsible for determining how to treat their Contributions and receipt of any Givebacks for tax purposes. If a Contribution is returned to a Contributor, the associated Givebacks, if any, shall be cancelled.

35. Service Fees

Setting up an account on the Services is free. We do not charge our Service fees to Contributors. Unless otherwise expressly indicated on the Services, we do charge our Service fees to Promoters as a portion of the Contributions they raise (the "Service Fees"). Changes to Service Fees are effective after we post notice of the changes on the Services. Updated Service Fees are applied to Campaigns launched after the notice is posted.

36. Refunds

Contributors may request a refund from Crowdfunding at MadhuRebba before the end of a Campaign. 

Contributions are eligible for a refund by Crowdfunding at MadhuRebba unless (a) the contribution funds have already been transferred to the Promoter, (b) the Sculpture project initiated against a purchase order to MadhuRebba by the Promoter, (c) the Giveback associated with the contribution has been fulfilled, or (d) MadhuRebba determines that there has been an abuse of these Terms of Use. Crowdfunding at MadhuRebba reserves the right to terminate User Accounts and remove Campaigns for any abuse of this refund policy. For Campaigns that have ended, or in situations where the contribution funds have been transferred to the Promoter or taken against purchase order of Promoter by MadhuRebba, Contributors should contact the Promoter directly regarding refunds.

37. Taxes

Taxing authorities may classify funds raised on the Services as taxable income to the Promoter and any beneficiary who will receive funds directly from the applicable Campaign. MadhuRebba will ask for the tax identification number of Promoters and any beneficiaries so that we may report taxable income to the relevant taxing authorities. MadhuRebba will provide Promoters with a tax document if required by the relevant taxing authorities.

38. User Content

While using the Services, Users may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, "User Content"). Users grant MadhuRebba a perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute User Content of any User on or in connection with the Services and our related marketing and promotional activities. As between Users and MadhuRebba, Users continue to hold all ownership interest in their User Content. Each User represents and warrants that its User Content and our use of such User Content will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.

39. Promotions

Promoters may not offer any contest, competition, giveaway, sweepstakes or similar activity (each, a "Promotion") on the Services without MadhuRebba's prior written permission (which may be granted or withheld by MadhuRebba in its sole and absolute discretion). Promoters may request permission from MadhuRebba by sending an email to info(a)madhurebba.com. Subject to and upon any such permission, each Promoter offering any Promotion further acknowledges and agrees that: (a) such Promoter shall be solely responsible for all facets of each such Promotion; (b) such Promotion does not require any Contribution or other payment of any amount as the sole method of entry into such Promotion; and (c) the official rules for such Promotion shall include clear and conspicuous language to the effect that: (i) Crowdfunding at MadhuRebba does not sponsor, endorse or administer the Promotion; (ii) each participant or entrant in the Promotion releases MadhuRebba from any and all liability; and (iii) all questions concerning the Promotion must be directed to the Promoter and not to MadhuRebba.

40. Payment Services

Campaign Owners that accept PayPal and Contributors that use PayPal in connection with a Campaign acknowledge and agree to comply with PayPal’s Crowdfunding and Acceptable Use Policies. Credit card payment processing services for Promoters on Crowdfunding at MadhuRebba are provided by PayU Payments Private Limited. ("PayU") and are subject to PayU Agreements and Terms of Service (Service Agreement). By continuing to operate as a Promoter on Crowdfunding at MadhuRebba, you agree to be bound by the PayU Services Agreement, as the same may be modified by PayU from time to time. As a condition to Crowdfunding at MadhuRebba enabling credit card payment processing services through PayU, you agree to provide MadhuRebba accurate and complete information about you and your business, and you authorize MadhuRebba to share any such information with PayU, as well as transaction information related to your use of the payment processing services provided by PayU. In all cases, standard credit card or other third party processing fees apply in addition to any Service Fees. We are not responsible for the performance of any third party credit card processing or third party payment services.

41. Assignment

The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by any User, but may be assigned by MadhuRebba without restriction or consent.

42. Termination; Survival

Termination may result in the forfeiture and destruction of all information associated with any User Account. Users may terminate their User Account by following the instructions on the Services, but MadhuRebba may retain the User Account information after termination in accordance with regulatory, accounting, and legal compliance procedures. All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

43. Disclaimers

Promoters and other Users should be aware that many states impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities in those states. While provisions vary state to state, these state laws typically include registration and reporting requirements. MadhuRebba merely provides a technology platform to allow Promoters to connect with Contributors. Users who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law.

MadhuRebba makes no representations, warranties or other assertions as to the potential tax deductible status of any Contribution by a Contributor to a charitable cause or to a Campaign whose purported recipient is a recognized tax -advantaged organization under the Internal Revenue Code. The listing of an organization via the Services does not necessarily mean that the organization has been deemed— or remains currently deemed—a charitable or tax-advantaged organization by the Internal Revenue Service.

44. Export Compliance

Users agree to comply with all laws, restrictions and regulations relating to the export of products and information. Funds may be frozen and/or turned over to the applicable governmental enforcement agency if a Campaign is deemed to be in violation of Export Laws.

45. Cooperation with Authorities and Police Enforcement

We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when requested.

46. Notification Procedures

Users agree MadhuRebba may provide notifications to such User via email, written or hard copy notice, or through conspicuous posting of such notice on our website. Users may opt out of certain means of notification or to receive certain notifications.

47. Unsolicited Idea Submissions

Consistent with our culture of open innovation, we are always pleased to hear from our user community and welcome comments or suggestions to improve the Services. However, to avoid future misunderstandings when new products, services and features developed internally by MadhuRebba might be similar or even identical to a submission received by Crowdfunding at MadhuRebba, the following policy applies to all third party User submissions to Crowdfunding at MadhuRebba of ideas, comments, suggestions, proposals or materials: (a) all submissions shall be considered non-confidential and non-proprietary; (b) MadhuRebba will have no obligation concerning the submission, contractual or otherwise (including, without limitation, confidentiality); (c) MadhuRebba will not be liable for any use or disclosure of any submission; and (d) MadhuRebba shall be entitled to unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without compensation to the third party submitting User.

48. Entire Agreement/Severability

These Terms are the entire agreement between each User and MadhuRebba regarding its subject matter. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. MadhuRebba's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

MADHUREBBA WILL TAKE NO ACTION UPON ANY FAILURE TO PROVIDE THE INFORMATION OR OTHERWISE FOLLOW THE PROCESS OUTLINED ABOVE.

49. Fraud Detection Algorithm

Our proprietary technology uses sophisticated algorithms to monitor data for patterns and quickly identify violations of our terms of use. 

50. Community Reporting

We encourage our community to report suspicious activity and voice concerns via comments, the Contact Us page.

51. Trust & Safety Team

Our in-house team of experts reviews the data and customer feedback closely, and takes appropriate action to protect the integrity of our platform. 

52. Campaigners

We work closely with leaders in payments including PayPal, and PayU to ensure your funds are processed securely and efficiently. 

Give contributors peace of mind by including information about your team such as track record, qualifications, risks & challenges, and external links. Enhance your profile with verification.

Keep everyone informed through commenting, direct communication, and frequent updates. Engaging contributors will establish trust, manage expectations, and may lead to some fresh ideas!


 

Publishing Agreement

Effective from July 6th, 2015

This is a legally binding agreement between (“you”) and MadhuRebba regarding use of the Site to publish Digital Products for Purchase. “You” refers to the publishing entity, whether that is a natural person who must be at least 18 years of age, or a corporate entity. This agreement incorporates by reference, the Royalty Free License, and Terms of Use as well as the Site’s policies and procedures as such are made available on this Site.

 
I. Introduction & Definitions

MadhuRebba welcomes you to the community and hopes that you will be able to earn a satisfying portion of your income through your activities on the Site, and eventually join the many artists that have made this their full-time occupation.

This agreement is intended to be easy to understand, and to provide clarity to you about the requirements and obligations for publishing Digital Products on the Site, as well as the rights you authorize MadhuRebba to grant to those who Purchase Digital Products (“Customers”) for use in the work they create (“Creations”).

Some words in this agreement are given specific meanings. Words that appear initially in quotations, such as “you” and “Creations”, are defined in the text preceding the word. Other capitalized words are defined below:

“Digital Product” is the collection of one or more digital files, packaged in the form of a product on the Site that can be identified by a product ID, and that is uploaded by you, or otherwise made available to you, for Purchase on the Site. A Digital Product may include 3D models, texture maps, motion captures, photographs, imagery, application and plug-in software, materials and shaders, shapes and vector graphics, training materials, building components, sound effects, stock music, and videos. Additionally, a Digital Product may include a number of individual files of different file formats to make it easier for Customers to work in a variety of software applications (such as Zbrush, Sculpteo, 3ds Max, Maya, and Cinema 4D), and may also include other files (such as jpeg images used for texturing), and images or other files that are used for promotional purposes. For Customers and their use in Creations, this definition also includes derivative and intermediary files used for that purpose.

"Site" refers to the MadhuRebba websites, API’s, software applications or any approved means or utility either currently in existence or in the future; the software and source code used by MadhuRebba to provide such services; user interface layouts, designs, images, text, knowledgebase articles, program offers; site information provided in reports (such as popular keyword searches); and all other intellectual property protected under copyright, trademark, patent, publicity, or any other proprietary right.

“Product Page” is the product page or interface that displays the Digital Product available for Purchase, typically on the website www.MadhuRebba.com.

“Product Price” is the price of a Digital Product as displayed within the Site’s product management interface.

“Purchase” is the acquisition of a Digital Product by a Customer, whether by the purchase of a Digital Product made available at a Product Price of greater than $0, or by the download of a Digital Product made available at no charge (i.e. a Product Price of $0 that is downloaded for free).

“Customer” is a person who uses the Site to Purchase a Digital Product.

“Corporate Customer” is a corporate entity that requires special legal or accounting terms for Purchases that MadhuRebba may grant as appropriate after a review by MadhuRebba on a case-by-case basis.

“MadhuRebba” includes Madhu Rebba Design Pvt. Ltd. and all licensed affiliates and partners that distribute Digital Products on behalf of Madhu Rebba Design Pvt. Ltd.

“Intellectual Property” means, copyright, patent, trademark, trade secret, right of publicity, or any other proprietary right throughout the world.

To make reading this agreement easier and less repetitive, the following constructions are used:

Include,” including,” and “such as” are considered to be followed with “but not limited to.” Examples are used in this agreement to illustrate, rather than limit, the scope of the terms.

The following restrictions,” “the foregoing restrictions,” and “subject to the restrictions” are considered to be followed with “in addition to all other restrictions applicable within this agreement.”

II. Ownership, Royalties, Withholdings, Payments, and Pricing

1. Ownership. You retain all ownership, title, right, and interest in Digital Products, except as expressly licensed to MadhuRebba, its Customers, and other licensees as set forth herein.

2. Royalties. After a Purchase that is not reversed for any reason, you are entitled to a percentage royalty up to 80% of the Product Price (“Royalty Amount”)

a. Affiliate Royalty. An additional up to 15% of the Product Price for members of the MadhuRebba Affiliates program, on any Purchase that results from a user session initiated after the Customer clicks an affiliate link appropriately formatted with your Site user name. Please note that the Affiliate Royalty is not granted if the Customer has an active user session already in existence at the time your affiliate link is clicked.

b. Purchase Reversal. If a Purchase is reversed, such as for a Customer return or a fraudulent credit card charge, you acknowledge that subject to the Site’s policies, any Royalty Amount may be reversed on your account by MadhuRebba such that no money will be owed to you for that Purchase. In such case, the Customer license to the Digital Product is terminated.

c. Other Royalty Rates. MadhuRebba may, in its sole discretion, have agreements with other companies to increase Purchases of Digital Products. Some companies may require a portion of the Product Price as a commission, and may set pricing levels at rates as negotiated with MadhuRebba. MadhuRebba provides the ability for you to opt out of participating in any agreement that results in a lower than normal Royalty Amount for you. If a new agreement may result in a lower than normal Royalty Amount for you, MadhuRebba will notify you in advance of that fact, and will also provide the ability for you to opt out of participating in the new agreement before Digital Products are made available through such agreement.

3. Tax Withholding. If you are not a citizen, permanent resident, or corporate entity of India, and your Purchase is by a Customer who is a citizen, permanent resident, or corporate entity of India, MadhuRebba is required by the India Internal Revenue Service to withhold some portion of your Royalty Amount for payment to Indian Treasury. In such case, if your country has a tax treaty with India, and you have an Indian Tax ID number, you may reduce or even eliminate such withholdings depending on the tax treaty rate for your country. If you do not have a Tax ID number, MadhuRebba royalty payments will have 30% withheld and paid by MadhuRebba to the Indian Treasury. You may elect not to be paid until you obtain a Tax ID number if you desire to claim the tax treaty rates. Alternatively, if you are paid by MadhuRebba without a Tax ID number, if you receive a Tax ID number you may recover any excess tax payments made the calendar year you received the Tax ID number, and MadhuRebba will assist you to recover such tax withholdings.

4. Purchase and Payment Processing.

a. You authorize MadhuRebba to collect money from the Customer and distribute payment amounts to you such as you are entitled, and permit MadhuRebba to retain the remainder of the proceeds of your Purchase, and to distribute portions of Purchases to MadhuRebba licensees, tax authorities, or other entities as the case requires under: (i) this agreement, (ii) standard Site policies, and (iii) in compliance with legal regulations.

b. Every calendar month by the fifteenth (15) day, or the following business day if the fifteenth occurs on a weekend or holiday, MadhuRebba will process your royalty payments according to your account settings. MadhuRebba reserves the right to withhold requested payments in the following cases: (i) the amount is below the minimum amount allowed for a monthly royalty payment (as set by standard Site policies), (ii) your payments are on hold because a previous payment to you failed to be received, (iii) you have provided inaccurate payment information, or (iv) there is violation of Site policies that must be reconciled before any payment is made.

c. If MadhuRebba discovers and verifies, either on its own or after a notification by you, that you were paid less than your owed Royalty Amount (“Underpayment”), MadhuRebba agrees to provide accounting documentation to you and to correct such Underpayment in an expedited manner.

d. If a Purchase is reversed after you have been paid your Royalty Amount, or if for any reason MadhuRebba has already paid to you a Royalty Amount in excess of the correct royalty payment for such Purchase (“Overpayment”), you acknowledge that such Overpayment is due from you to MadhuRebba, and authorize MadhuRebba to deduct from your future payments to settle any Overpayment, and agree to maintain all Digital Products on MadhuRebba at reasonable and historical Product Prices until such Overpayment is corrected. If you discover or become aware of any Overpayment, you agree to notify MadhuRebba of such Overpayment in an expedited manner for each occurrence.

5. Pricing of Digital Products.

a. Control: You control the price of Digital Products at the time of publishing, and may edit that price at any time thereafter. Such prices will be set in denominations of the United States Dollar.

b. Parameters: MadhuRebba may set minimum and maximum price ranges (“Price Parameters”) for Digital Products, based on reasons such as the category and complexity of a given Digital Product and the cost of certification and product reviews. For example, 3D models of glass vessel may have predetermined available price ranges that are lower than those of more complex 3D models, such as those of Feature Film Set Designs. MadhuRebba may set Price Parameters to conform to market norms, based on its sole discretion and whether by algorithm or manual judgment, and is not required to set Price Parameters at any time for any or all Digital Products.

c. Tiers: MadhuRebba may set price tiers for Digital Products to conform pricing to predictable increments. An example of such pricing increments would be to allow you to select a price from a list such as: $9, $49, $99, $149, $199, or $299. For purposes of clarity, this practice allows MadhuRebba to avoid the situation where Customers have to decide between unusual pricing between products, such as $142.31 for one product versus $147.65 for another.

d. Currency: MadhuRebba may sell Digital Products denominated in any foreign currency, at pricing that is either above or below the current exchange rates of that currency to the United States Dollar. MadhuRebba will set such pricing in its sole judgment to optimize for pricing stability in foreign currencies, round prices to pre-determined incremental tiers in that particular currency, and reduce the risk of currency losses when exchange rates fluctuate. In all such cases, MadhuRebba will pay you the entitled royalty as if the Purchase had been originally denominated in United States Dollars and assume all losses or gains due to Purchases in foreign currency.

III. License Grants

License Grant to MadhuRebba. In all media now in existence or that may in the future be introduced, you authorize MadhuRebba to do the following:

1. License to Customers. To distribute and grant worldwide, irrevocable and perpetual license rights in Digital Products to Customers, according to the following license options:

a. Royalty Free License: To fulfill the license grant terms detailed in the Royalty Free License, as made publicly available on the Site and incorporated herein by reference.

b. Corporate License: To negotiate an individual agreement and license grant in Digital Products for qualified Corporate Customers who require individualized agreements, procurement processes, or special indemnities and guarantees. MadhuRebba will remit the normal Royalty Amount entitled to you for each Purchase of a Digital Product under such license, and will make commercially reasonable efforts to retain the terms of the Royalty Free License in such negotiations. You understand such agreements are confidential to Corporate Customers and will not be disclosed to you.

c. New Uses: While MadhuRebba has tried to explicitly allow or prohibit every known type of Creation by a Customer in the Royalty Free License, Customers may request approval for a Creation that is not explicitly described (“New Purpose”), for example a Creation in a new medium not yet invented. You authorize MadhuRebba to decide whether to allow the New Purpose, determined in MadhuRebba’s reasonable discretion that the New Purpose will not diminish your future Royalty Amounts and is reasonably or conceptually similar to existing uses. MadhuRebba will notify you on each case that a New Purpose was authorized for a given Customer, and may not notify you in advance of a Purchase for a New Purpose. If you inform MadhuRebba that you object to the New Purpose, MadhuRebba will note your objection for your account and will not approve the New Purpose again for your Digital Products. You acknowledge that the New Purpose may be added to the Royalty Free License in the future, whether to allow or prohibit the New Purpose, and that if the New Purpose is allowed in the Royalty Free License, this will apply to your Digital Products and supersede your previous objection. You hereby fully release MadhuRebba from any liability associated with its decisions based on any New Purpose.

2. License Promotional Images. To license to Customers, as part of a Purchase, the images that are included as preview images in the Digital Product, when the following conditions are met: (i) the Digital Product is of the 3D model type, (ii) the images could have been reasonably replicated with the Digital Product, (iii) the images include no additional elements other than personal branding that is easily cropped out of the image, and (iv) the images include no attributions. For purposes of clarity, less experienced Customers occasionally ask to purchase preview images of 3D models, and this section enables such use after a Purchase by the Customer, however it would not if such a preview image has an additional element like a stock photograph in the background. Further, in this case, the Customer would have the rights to the 3D model as well because it was a Purchase, although the Customer might never actually download the 3D model itself and only the promotional images.

3. Re-license Customer After License Transfer. To process additional Purchases to a past Customer of a Digital Product that is no longer available on the Site if the following conditions are met: (i) there was a past Purchase of the Digital Product to the Customer, (ii) the Customer does not require digital files, only an additional license, and (iii) the Customer transferred the original license to another party (such as a client of the Customer), and the Customer requires another license to the Digital Product to be legally compliant, and (iv) the Digital Product is not software sold under a Custom License. For any such case (“Re-License”), the Purchase will be under the same license terms and Product Price as at the time of the Customer’s most recent purchase of the Digital Product. MadhuRebba will notify you of such Re-License and waive any commissions to MadhuRebba, but will retain amounts otherwise required for taxes and similar obligations. This right survives termination of this agreement, and in the case of a Re-License after termination of this agreement, MadhuRebba will notify you of the Re-License, and facilitate your payment using the Royalty Amount you were entitled to at the time of termination. Subject to the exception under this section, your removal of any Digital Product from the Site extinguishes MadhuRebba’s right to grant licenses to such Digital Product.

4. Trial Basis Use. To grant Corporate Customers access to Digital Products without cost (“Trial Basis Use”) where they may test Digital Products for suitability in their Creations. For Trial Basis Use, a Purchase is required before any commercial use, and Corporate Customers must account for Trial Basis Use on a timely basis. Any instances of Trial Basis Use, should they occur, will be indicated to you within the Site’s interface, including the state of the Trial Basis Use and whether it resulted in a Purchase. In your account settings, you may opt out of Trial Basis use.

5. General MadhuRebba Use and Digital Product Maintenance. MadhuRebba may:

a. Use Digital Products for the benefit of MadhuRebba’s business, including: (i) to market, promote, publicly perform, publicly display, digitally perform; (ii) use any trademarks, service marks or trade names incorporated in connection with Digital Products, and (iii) to incorporate Digital Products into various parts of the the Site’s user interface (such as category icons).

b. Provide Customer support, including (i) downloading files within Digital Products to perform compatibility checks, (ii) performing file format conversions, and (iii) after a Purchase, performing various artistic or technical services for Customers for free or for a fee, as MadhuRebba deems appropriate based on the nature of the services requested by Customers. Please note that if you aid MadhuRebba in providing Customer support, MadhuRebba will charge no fee associated with your Customer support efforts.

c. Remove, in MadhuRebba’s sole discretion, any damaged files from Digital Products without removing the entire Digital Product. For example, if a particular file format is technically flawed, that file format may be removed without suspending the entire Digital Product.

d. Add additional file formats to your Digital Products that may be created in the normal course of business, such as in performing Customer support. These files may be added by MadhuRebba to Digital Products provided that: (i) MadhuRebba claims no derivate ownership of such files, (ii) that you are free to download and use these files without restriction, and (iii) that you may request MadhuRebba refrain from adding such files to Digital Products in the future.

e. Update metadata for Digital Products, including processing and modify images.

f. Refuse any Digital Products for distribution on the Site. For any reason in its sole discretion, MadhuRebba may deny, reject, and remove Digital Products from the Site.

6. 3D Software Industry Promotion. To license Digital Products without cost to 3D software and hardware companies for internal testing and development of their products, and for the promotion of such 3D software and hardware products (“3D Software Industry Promotion”). This licensing does not include distribution of Digital Products, and such use will be indicated within the Site as a “3D Software Industry Promotion”. In your account settings, you may opt out of 3D Software Industry Promotion use.


IV. Warranties

You covenant, represent, and warrant that:

1. You have authority to enter into and perform this agreement, to sell Digital Products under this agreement, that all Digital Products are your original work and contain no intellectual property or other rights of any kind that you are not the exclusive owner of (unless you have secured any third-party consents needed to do so in writing), and that prior to publishing Digital Products had an opportunity to seek independent legal counsel.

2. Your Digital Products do not and will not infringe on any third party’s copyright, trademark, trade dress, patent, trade secret, right of publicity, right of privacy, moral right, or any other proprietary right, and that you will not remove any notice of any such right.

3. Your Digital Products are not and will not be defamatory, pornographic, obscene, libellous, and does not further racial hatred.

4. Your Digital Products do not and will not violate any statute, law, regulation, or ordinance.

5. Your Digital Products do not and will not contain any computer viruses or other malicious software.

6. You will read and comply with the Site’s publishing policies and general requirements that are made available to you, including: (i) you will represent all facts about Digital Products accurately and truthfully, without deception, including the descriptions and other metadata related to your products, and (ii) you will use keyword tags and categorization only as they are legitimately related to your product, and not “spam” or attempt to alter search results to cause Digital Products to display when they are not relevant. An example of such prohibited behaviour is to publish a Digital Product that is a “car” and add tags or description appropriate for “horses” such that a Customer searching for horses might see the Digital Product of a car.

7. You will provide accurate, complete, and valid member information, including contact and payment information.

8. You will notify MadhuRebba if you become aware or suspect any unauthorized use of Digital Products by a Customer before contacting the Customer, either by contacting MadhuRebba support or sending an email to info(a)MadhuRebba.com. You agree to submit to the Limited Arbitration rules set out in the Royalty Free License.

9. You will execute and provide written or electronic documents to MadhuRebba, upon MadhuRebba’s reasonable request, to reflect MadhuRebba’s rights under this agreement.

10. You will not engage with MadhuRebba Customers directly or use metadata, product files, or any other mechanism for such purposes. If you are contacted directly by a Customer, you must refer the Customer to the MadhuRebba Site.


V: Limitation of Liability

1. To the fullest extent permitted by law, MadhuRebba shall not be liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with Digital Products, even if MadhuRebba has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence). To the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental, or consequential damages, portions of the preceding limitation or exclusion may not apply, but should be construed to the greatest extent applicable in such jurisdictions.

2. You agree to indemnify and hold MadhuRebba and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, licensee, suppliers, alliance members, other partners, employees and representatives ("MadhuRebba Parties") harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of Digital Products, Creations, or otherwise caused by or related to your use of the Site.

3. MadhuRebba implements and maintains business practices to accurately categorize Digital Products and otherwise process any and all metadata related to Digital Products. If MadhuRebba makes any error in processing, handling, or other managing of Digital Products, your sole and exclusive remedy will be for MadhuRebba to take all reasonable steps to promptly correct the error as soon as MadhuRebba becomes aware of the error.

4. In any event, MadhuRebba’s total maximum aggregate liability under this agreement or in respect to the use or exploitation of any Digital Products shall be limited to the lesser of the fees collected by MadhuRebba for the Digital Products giving rise to the claim or five hundred United States dollars ($500). Some jurisdictions do not allow for the limitation or exclusion of liability set forth herein, and in those jurisdictions, MadhuRebba shall be entitled to the greatest limitation of liability permissible by law.

VI: License Term and Termination

Termination and Consequences of Termination . This agreement may be terminated by closing your account on the Site by MadhuRebba Support, and removing your Digital Products from the Site. MadhuRebba can terminate this agreement and your account for a violation of this agreement or any other agreement incorporated by reference, including the MadhuRebba policies as judged by MadhuRebba in its reasonable discretion.

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