Terms of Service

Terms and Acceptance:

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the Engagebound website located at www.engagebound.com  (the “Site”), and all associated sites linked to engagebound.com, (hereinafter collectively, the Engagebound Platform run by Mindbound Creatives Private Limited, having its registered office at L-1761, 2nd Phase, Dumuduma HB Colony, Khandagiri, Bhubaneswar, Odisha, India, PIN-751019 (hereinafter collectively, Mindbound Creatives Private Limited or Engagebound) on any device and/or before availing any services offered by Engagebound on the Engagebound Platform (hereinafter individually, and collectively, the Engagebound Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all Engagebound Services, whether offered by Mindbound Creatives Private Limited or its affiliates.

By accessing and using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions of Use between Mindbound Creatives Private Limited or Engagebound and you, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

Mindbound Creatives Private Limited makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where its contents are illegal, is prohibited. Those who choose to access this site from locations outside India are responsible for compliance with all applicable laws.

IP Ownership / Use license:

The material provided on this Site is protected by law, including without limitation, Copyright law of Indian Constitution. The copyright in all material provided on this Site is held by Mindbound Creatives Private Limited. Except as expressly permitted by Mindbound Creatives Private Limited, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Mindbound Creatives Private Limited or the copyright owner.

Permission is granted to you to download and use the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials.

You may not:

  1. Modify or copy the materials

  2. Use the materials for any commercial purpose, or for any public display (commercial or non-commercial)

  3. Attempt to decompile or reverse engineer any software contained on Engagebound’s website

  4. Remove any copyright or other proprietary notations from the materials

  5. Transfer the materials to another person or “mirror” the materials on any other server

This permission shall automatically terminate if you violate any of these restrictions and may be terminated by Mindbound Creatives Private Limited at any time. Upon termination of your permission, you must destroy any downloaded materials in your possession whether in electronic or printed format. Mindbound Creatives Private Limited reserves the right to terminate your account at any time for any reason.

The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in the applicable laws and regulations. Use of the Site by the Government constitutes acknowledgment of Mindbound Creatives Private Limited’s proprietary rights in them.

Disclaimer:

The materials on the Site are provided “as is”. Mindbound Creatives Private Limited or Engagebound makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Mindbound Creatives Private Limited or Engagebound do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its internet website or otherwise relating to such materials or on any sites linked to this site.

No advice or information, whether oral or written, obtained from us or elsewhere will create any warranty

or condition not expressly stated in this term of service.

 

Limitations:

In no event shall Mindbound Creatives Private Limited or Engagebound or it’s affiliates be liable for any damages (including, without limitation, negligence, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Engagebound’s internet site, even if Mindbound Creatives Private Limited or Engagebound or a Mindbound Creatives Private Limited or Engagebound authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. In no event shall the total liability of Mindbound Creatives Private Limited or Engagebound or its affiliates under this agreement exceed five thousand rupees (₹5000), regardless of the cause of action, in tort, contract, or otherwise.

Revisions and Data Errata:

The materials appearing on Engagebound’s web site could include technical, typographical, or photographic errors. Engagebound does not warrant that any of the materials on its web site are accurate, complete, or current. Engagebound may make changes to the materials contained on its web site at any time without notice. Mindbound Creatives Private Limited or Engagebound does not, however, make any commitment to update the materials.

Links & Viruses:

Mindbound Creatives Private Limited or Engagebound  has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Mindbound Creatives Private Limited or Engagebound  of the site. Use of any such linked website is at the user’s own risk.

Mindbound Creatives Private Limited or Engagebound do not guarantee that the Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to our Site. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence and Mindbound Creatives Private Limited or Engagebound will report any such breach to the relevant law enforcement authorities and Mindbound Creatives Private Limited or Engagebound will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

 

Site Terms Modifications:

Mindbound Creatives Private Limited or Engagebound may revise these terms of use for the Site at any time without notice. By using the Site you are agreeing to be bound by the current version of these Terms and Conditions of Use.

Feedback:

Any material, information, or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by Mindbound Creatives Private Limited or Engagebound or its affiliates for any purpose whatsoever, including developing, manufacturing, and marketing products. Notwithstanding the foregoing, all personally identifiable information provided to Mindbound Creatives Private Limited or Engagebound will be handled in accordance with Mindbound Creatives Private Limited or Engagebound’s privacy policy. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

Fees and Prices:

You agree to pay the fees, in such amount and for such billing frequency as specified during registration, in full prior to any obligation of Mindbound Creatives Private Limited or Engagebound to perform under this term of service. You further agree that, upon registering for the services through the Site, you authorize Mindbound Creatives Private Limited or Engagebound to charge for the fee on each anniversary of your registration date, based upon your billing frequency (e.g. monthly, quarterly, annually) or one time fees for specific Engagebound Services. Payment of the fees shall be in such amounts and at such times as set forth by Mindbound Creatives Private Limited or Engagebound through information provided to you and as authorized through the sign-up and registration process. The fees must be paid in advance before the commencement of your work by Mindbound Creatives Private Limited or Engagebound. Your account and access to the services provided via the Site may be suspended in the event of non-payment of applicable fees. You represent and warrant to Mindbound Creatives Private Limited or Engagebound that such payment information is accurate and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.

You may cancel your subscription with Mindbound Creatives Private Limited or Engagebound at any time. Upon cancellation, you will continue to have access to the Engagebound services and your files through the end of your paid billing term. Access to your account’s files requires an active subscription. Cancelled accounts will not have access to their files once their billing term has ended.

Mindbound Creatives Private Limited or Engagebound may change its fees from time to time by posting the changes on the Site with 7 days’ prior notice, but with no advance notice required for temporary promotions or reductions in fees.

There will be no refund made in any case. Promotions, upgrades, and adjustments to existing plans are non-refundable.

Mindbound Creatives Private Limited or Engagebound reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

Ownership, Trademarks & Provided Assets:

You own all files we create during any month paid in full. You are responsible that any materials provided can be legally used in our designs. We are not liable for the materials you provide as it pertains to license or trademark issues and you represent to Mindbound Creatives Private Limited or Engagebound that all materials provided do not infringe on the intellectual property rights of third parties.

Stock photography or media is under a specific use license. We aren’t liable to provide you with any extra source files, stock files. 

You agree to indemnify, defend, and hold harmless Mindbound Creatives Private Limited and/or Engagebound and/or its affiliates, officers, members, managers, agents, successors and assigns (the “Indemnified Parties”) from and against all claims, demands, liabilities, damages, and costs including, without limitation, its reasonable attorneys’ fees, arising out of or relating to (i) your breach of any of the terms of this Agreement, (ii) your use of the services provided pursuant to the Site, and (iii) infringement of third party’s intellectual property rights or other proprietary rights.

Don’t Abuse Engagebound Services:

Engagebound is created for the reasonable use of a single individual from a non-creative based small-medium business. We are not meant to replace a full-time marketing team or dedicated agency – so use your common sense!

If we find that you are not in alignment with our model, sharing accounts/logins, violate our core values, or are abusing our services or team in any way, including using our services for illegal or adult/pornographic we reserve the right to cancel your account.

Your right to use the Engagebound services shall terminate upon your breach of any term of this Agreement.

Output Files:

While we do our best to minimize any mistakes, due to the nature of our work we can not guarantee all files delivered will be 100% error-free. Upon file delivery, you agree to review and proof all files for any errors or omissions and notify our team if any changes/corrections are needed. We will do our best to rush any edits to correct the mistakes. Design Pickle is not responsible or liable for any losses or expenses incurred from errors or omissions.

Sample Work:

By default, you agree to provide Mindbound Creatives Private Limited and/or Engagebound with a non-exclusive right and license to publish your work in our portfolio, social media or other communication efforts. We will do our best to seek written permission before we post anything publicly.

Confidentiality

We uphold confidentiality in all communication regarding your brand and business. We will only communicate to those who have been authorized on your account and will not share any information provided with anyone outside our organization, subject to our Privacy Policy.

Work and Delivery Output:

While we give you complete control of the process and one revision round to accept the posts, we will not be able to submit the deliverables on time if there is too many complexities involved.

Subscriptions Defined:

A subscription is a measurement of delivering defined social media posts to you and posting them on your social media account(s) on behalf of you (In Thrive plan). We do not promise any defined results in your subscription and though we use industry-standard research and ability to handle Engagebound Services.

Force Majeure:

We will not be liable to you or any third party for any failure to perform our obligations under this Agreement if that failure results from any cause beyond our control, such as the elements; fire; flood; severe weather; earthquake; vandalism; accidents; sabotage; power failure; denial of service attacks or similar attacks or other acts of hackers; Internet or network failures or interruptions; acts of God and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes, lockouts or labor disruptions; any laws, orders, rules, regulations, acts or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts; or if another person (including a Social Network) changes their services or terms or no longer offers their services to you or Hootsuite on terms we believe are reasonable.

Severability:

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Governing Law:

Any claim relating to Engagebound’s website and Engagebound Services shall be governed by the Indian constitution and any conflict should be legally challenged exclusively in Bhubaneswar district court without regard to its conflict of law provisions.

Contact Information:

Questions about the Terms of Service should be sent to us at info@mindbound.in.

The terms of service was last modified on 18th May 2020.

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