Terms Of Service

Thanks for visiting B-Reft.com. This section, referred to as the Terms of Service, applies to any individual or group visiting the site irrespective of whether s/he has a registered account with the site or not. By registering with this site or using or browsing the contents thereof, you acknowledge that you have read, understood and agreed to be bound by this agreement. This site is not targeted for children younger than 16 and is offered only to users 16 years of age or older. If you are under 16 years old, please do not visit this site. Any person who provides their personal information to the site represents to us that they are 16 years of age or older. Provided below are the terms of the implicit agreement between the user and the site.

Definitions

• The Site or The Site Platform refers to this site, i.e., "b-reft.com" or any subdomain therein, e.g., "subdomain.b-reft.com" and the platform / interface therein.
• Site Content is any content that the site offers / bears, e.g., the name, logo, trademark, brand features and other Content that we make available. Site content also refers to the codes used to construct the site or any of its features.
• Site Code means the software code (i.e., HTML, Javascript, PHP or any other code) used to build and add functionlity to The Site.
• Owners of The Site, also refered to with words like "US", "WE" and "The Owners" refer to the respective owners of The Site. This site belongs to Monstamouth Entertainment, India, a business venture owned by JigaR M., better known by his stage name B-Reft, India.
• Users are all end users of the Site, Members and non-Members alike who visit or avail any services whatsoever of The Site.
• User Data means data provided by a User to The Site, such as profile data, including certain items of registration information (e.g. email addresses), answers to Social Network profile questions, forum posts, and statistical information about Content contributed and any derivatives thereof.
• User Id is a unique string generated when anybody registers with The Site.
• User Profile refers to the personalized set of preferences and information associated with a User ID. This includes (but is not limited to) personal and general information, email ID, site preferences, profile photos and videos, etc.
• User Content refers to any content on The Site which has been added to The Site by a User. Such content includes (but is not limited to) be plain text, photos, videos and urls.
• Members are Users who complete a registration process with The Site and obtain a User ID.
• Services are services provided by The Site to its Users. These services include (but are not limited to) viewing and sharing site content, usage and download of certain media, User registration, messaging and commenting services, etc.
• Member Services are services provided by The Site, only to its Members, for free or otherwise.
• Paid Services are services (if any) provided by The Site to its Users for a specified fee.
• Third Party Content refers to any content from other Users, Members and Advertisers, including, information about third party products and services and any Third Party Applications.

Trademarks & Legal Notices

B-Reft, B-Reft.com, Monstamouth Entertainment, Monstamouthe and any images, logos, icons or audio/video signatures thereof are trademarks of their respective owners and may not be imitated or used without prior written permission of the owners.

Any other trade names, company names, names of persons and logos or images thereof are property of their respective owners. The use of such logos on The Site does not imply any relationship whatesoever between these companies and The Site. If you are a legal representative or one of these aforementioned companies and want references to your content removed from this site, then please write to Us with the term "Legal" as the subject.

Ownership Rights

B-Reft, B-Reft.com and everyone in the Monstamouth family has utter respect for ownership rights. All Users of The Site avaling any of its services implicitly agree to respect ownership rights. Contents of this site maybe subject to copyrights, therefore, any sort of reproduction or derivation of The Site's contents shall be treated as an act of crime, which maybe punishable by law. This is also to declare that any memeber shall not acquire any right, title or interest in this site's content, except for the limited rights expressly set forth by the terms. Any rights not expressly granted herein, are reserved to their respective owners. You agree to abide by all copyright notices, information, or restrictions contained in any part of The Site. You must not alter, delete, or conceal any copyright, trademark, patent, or other notices contained on The Site.

License Agreement

During and subject to the terms and conditions of this Agreement, we hereby grant you a limited, non-exclusive, non-sublicensable, freely revocable license to access and use The Site.

License to Embeddable Widgets

During and subject to the Terms and Conditions of this Agreement, we hereby grant you a limited, non-exclusive, non-sublicensable, freely revocable license to incorporate Embeddable Widgets and Banners into other third party websites or your own personal websites. The foregoing license shall terminate immediately upon expiration or termination of this Agreement or termination of your relationship with Us and thereafter you agree to immediately stop using such Embeddable Widget.

License Restrictions

Except as expressly permitted under this Agreement, you agree not to, nor will you allow any third party (whether or not for your benefit) to:

1. Decompile or reverse engineer or attempt to access the source code of the software underlying The Site;
2. Copy, archive, store, reproduce, rearrange, modify, adapt, download, upload, create derivate works from, display, perform, publish, distribute, redistribute or disseminate any components of the Site in part or in full;
3. Access (or attempt to access) any service on The Site by any means other than as permitted in these Terms of Service.
4. Circumvent, disable or otherwise interfere with security related features of The Site or features that prevent or restrict use or copying of any Content or Third Party Content or enforce limitations on use of the Site or its Content therein.
5. Access The Site to upload any content so as to cause a breach of security to The Site or any of its features or interfere with the proper working of The Site or prevent others from using The Site.
6. Delete the copyright and other proprietary rights notices on The Site or Embeddable Widgets.

3rd Party Content and Links to 3rd Party Sites

The inclusion of Third Party Content on The Site does not imply our affiliation or endorsement of such Third Party Content. This is because its is outside our capacity to control and keep a check on all Third Party Content. Therefore, Users agree that we are not responsible for any such Third Party Content, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or related to such Third Party Content. It is the sole responsibility of the person from which such Third Party Content originated, and we have no obligation to monitor such Third Party Content.

Notwithstanding the foregoing, we or its designees reserves the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display or transmit any Third Party Content in whole or part at any time for any reason or no reason with or without notice and with no liability of any kind. You are solely responsible (and assume all liability and risk) for determining whether or not such Third Party Content is appropriate or acceptable to you. You understand that by using The Site you may be exposed to Third Party Content that is offensive, indecent or objectionable, and that you use The Site at your own risk.

Additionally, we or third parties may provide hyperlinks on Social Networks, or any other form of link or redirection of your connection to other sites ("Third Party Sites"). These Third Party Sites are in no way related to our site and the inclusion of any link on The Site Platform does not imply our affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. We expressly disclaim responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to through The Site Platform. Access and use of third party sites, including the information, material, products, and services on third party sites or available through third party sites, is solely at your own risk.

Representations & Warranties

You hereby represent and warrant to Us that:

1. You will comply with all applicable local, state, national and international laws (including the CAN-SPAM Act of 2003), rules, and regulations in connection with your use of The Site including your activities off The Site Platform that relate to your presence on The Site;
2. You have the right to grant to The Site the rights granted herein and you own or have all necessary rights, title and interest in and to Your Content;
3. Your Content does not and will not: a) Infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary right; b) Slander, defame, libel, or invade the right of privacy, publicity or other property rights of any person; c) None of Your Content contains any viruses, Trojan horses, Trap doors, Back doors, Easter eggs, Worms, Time bombs, Cancelbots, or other computer programming routines that may potentially damage or interfere with The Site or intercept or expropriate any system data or personal information from The Site.

Acceptable Conduct & Behavior

You are solely responsible for your conduct and Your Content on The Site. We want to keep our Site clean, safe and fun for everyone and the use of the The Site for unlawful or harmful activities is not allowed and strictly discouraged. In defining "safe and fun," you specifically agree that:

You will not post, email or make available any Content to Users or use The Site:

1. In a manner that infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights or contractual rights;
2. In a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
3. To engage in spamming, "chain letters," "pyramid schemes", advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other Users whether on or off The Site's Platform;
4. In a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
5. In a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy;
6. In a manner that is harmful to minors in any way;
7. In a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by us;
8. To impersonate an associate of The Site or any entities associated therewith, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity;
9. To interfere or attempt to interfere with the proper working of The Site or prevent others from using The Site, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to The Site, or that otherwise negatively affects other persons' ability to use The Site;
10. To use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any Administrator's account or to monitor or copy The Site (including the Site Layout and Site Code) or the content contained therein;
11. To facilitate the unlawful distribution of copyrighted content;
12. In a manner that includes personal or identifying information about another person without that person's explicit consent;
13. In a manner that employs misleading eMail or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through The Site or to Users; and
14. In a manner that constitutes or contains any form of advertising or solicitation if (1) posted in Your Content; or (2) eMailed to Users who have requested not to be contacted about other services, products or commercial interests.

Additionally, you agree not to:

1. "Stalk" or otherwise harass anyone;
2. Collect, use or disclose data, including personal information, about other Users without their consent or for unlawful purposes or in violation of applicable law or regulations;
3. Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any Member of the The Site, or to proxy authentication credentials for any Member of The Site for the purposes of automating logins to the The Site;
4. Post any Content containing pornography, esp. child pornography to The Site. We absolutely do not tolerate this and will report any suspected instances of child pornography, including reporting any Member Data and User Profile Information, to law enforcement, including the National Center for Missing and Exploited Children;
5. Post any Content that we determine in its sole discretion, depicts or contains rape, extreme violence, murder, beastiality, incest, or other similar content;
6. Post any Content that we determine constitutes pornography or is adult in nature;
7. Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from The Site - except for Internet search engines (e.g. Google, Bing) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved";
8. Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on The Site's infrastructure;
9. Attempt to gain unauthorized access to The Site's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, The Site;
10. Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of The Site's Platform or for using it for purposes unrelated to The Site); and
11. Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of The Site.

You agree not to authorize or encourage any third party to use The Site to facilitate any of the foregoing prohibited conduct. You also agree to immediately notify Us in the event of an actual or threatened claim that you have violated any of the covenants and agreements contained in this Agreement.

Disclaimers

Your use of The Site, and all of its content (including user content and third party content), are at your sole responsibility and risk. The Site and its Owners, successors, affiliates, contractors, employees, suppliers, licensors, partners and agents expressly disclaim all representations, warranties, or conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, performance, system integration, quiet enjoyment, title, and non-infringement. We disclaim any warranty that The Site, its Code and its Content (including third party content) will meet your requirements or be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the The Site or the server that makes the The Site available is free of viruses or other harmful components. Any material downloaded or otherwise obtained from The Site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

Indemnity

By using The Site, you agree to indemnify, defend, and hold The Site and its Owners harmless, and its successors, subsidiaries, affiliates, co-branders, contractors, employees, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys' fees) arising out of or relating to:

1. Your Content;
2. Your use of any Third Party Code or Third Party Applications;
3. Your use or misuse of, or connection to, The Site;
4. Your breach or alleged breach of this Agreement;
5. Your violation of any rights (including intellectual property rights) of a third party;
6. Your use or misuse of any User data including violation of The Site's Privacy Policy; and
7. Your breach or alleged breach of any agreement or policy between you and other Users.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of The Site's Owners. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Your Interaction with Other Users

Your interactions with other Users, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User. Like with any web-based interaction, we suggest that you use caution and good judgment. If there is a dispute between you and any third party, The Site and its Owners are under no obligation to get involved.

You release The Site, its Owners, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other Users. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." And, if you are not a California resident, you waive any applicable state statutes of a similar effect.

Limitation of Liability

You agree that, under no legal theory, including, but not limited to negligence, shall We or Our successors, affiliates, contractors, employees, suppliers, licensors, partners or agents, be liable to you for any indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, cost of cover, goodwill, use, data, or other intangible losses (even if The Site and its Owners have been advised of the possibility of such damages), arising from or relating to this agreement or your use or the inability to use The Site.

This limitations shall also apply with respect to damages incurred by reason of any products or services sold or provided on any third party sites or otherwise provided by any third parties other than Us (including third party application developers) and received by you through or advertised on The Site or received by you on any third party sites.

Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside in such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. The limitations or exclusions of warranties, remedies or liability contained in this agreement apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction in which you are located.